Maninder Singh v. State Of Punjab
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."6 #. " At this time, one letter No. 3151/W dated 22.06.2019 from S. Balkar Singh, Superintendent, New District Jail, Nabha relating to the Police action by Inspector Jai Inder Singh Randhawa, S.H.Ο., Police Station: Sadar, Nabha, for registration of the case against prisoner Maninder Singh @ Jumma son of Harbans Singh, resident of Village Bhagrana, P.S. Wadali Ala Singh, District Fatehgarh Sahib and convict Gursewak Singh @ Bhoot son of Sansar Deep Singh, resident of Jheorheri, P.S. Sohana, District Mohali through Constable Satbir Singh 3356 which reads as under: "To The S.H.O., P.S. Sadar, Nabha, District Patiala. Ref. No. 3151/W dated 22.06.19, Subject: For taking
appropriate legal action against prisoner Maninder Singh @ Jumma son of Harbans Singh and convict Gursewak Singh @ Bhoot son of Sansar Deep Singh, who had assaulted prisoner Mohinder Pal Singh alias Bittu son of Ram Lal, connected with the Bargari episode and for taking appropriate legal action. With reference to the above subject, it is submitted, that prisoner Maninder Singh alias Jumma son of Harbans Singh, resident of Village Bhagrana, P.S. Wadali Ala Singh, District Fatehgarh Sahib is confined in this jail in case F.I.R. No. 60, dated 19.09.2015, under Sections 302, 148, 149 I.P.C., P.S. Wadali Ala Singh. He is confined in Cell Block No. 3, Cell No. 10 and convict Gursewak Singh alias Bhoot son of Sansar Deep Singh, resident of Jheorheri, P.S. Sohana, District Mohali is undergoing life sentence in this jail in case F.I.R. No.
17, dated 08.07.2014 under Sections 302/34, 506, 148, 149 I.P.C., Section 25 Arms Act, P.S. Sohana and he is confined in Cell Block No. 2, Cell No. 11 of this jail. Today, i.e. on 22.06.2019, at about 05.20 p.m., these prisoners assaulted prisoner Mohinder Pal alias Bittu son of Ram Lal, resident of Shaheed Bhagat Singh College Road, Jaurian Chakkian Chowk, Kotkapura, who is confined in this jail in various cases relating to desecration of religious books is also confined in Cell No. 2 in the Cell Block No. 1 in this jail. He was assaulted by the accused by cutting a grill of the gate. During this assault, Mohinder Pal alias Bittu son of Ram Lal sustained injuries and he was referred to Civil Hospital, Nabha by the Medical Officer of Hospital in New District Jail, Nabha.
The injured was sent to Civil Hospital, Nabha with the Jail Guard at about 05.30 p.m. This prisoner Mohinder Pal alias Bittu son of Ram Lal was declared dead by the Doctors in Civil Hospital, Nabha. Indulging in fights etc. in the jail is an offence. Therefore, appropriate legal action be taken against prisoner Maninder Singh alias Jumma son of Harbans Singh, resident of Village Bhagrana, P.S. Wadali Ala Singh, District Fatehgarh Sahib and convict Gursewak Singh alias Bhoot son of Sansar Deep Singh, resident of Village Jheorheri, P.S. Sohana, District Mohali and the action so taken may be intimated to this Office." Sd/> Balkar Singh, Superintendent, New District Jail, Nabha, dated 22.06.2019." * ( !
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9[25].
The issue involved in the present case is also connected with the sacrilege cases in which allegations have been made against deceased Mohinder Pal @ Bittu. Since those cases have been and are being investigated by different SITs including the investigation by SIT headed by Sh. Surinderpal Singh Parmar, IPS, therefore, I deem it appropriate to direct that the composition of the present SIT shall be revisited, thereby putting high ranking police officers not below the rank of the
persons against whom allegations have been made in the diary note. Even though, some of the high ranking police officers are retired, but it shall be ensured by respondent No.1 that proper and legal investigation is carried out by the new SIT to be headed by Additional Director General of Police i.e. not less than the rank of Additional Director General of Police and constituent members of the SIT may not be lower than the rank of Senior Superintendent of Police. New SIT will take over the investigation from the SIT headed by Sh. Kesar Singh, PPS, SP(PBI), Patiala and shall carry out further investigation and submit its report to the concerned Court at the earliest.
[26].
With these observations, the present writ petition is disposed of.B C ! ( !!
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" 9 Present:> Shri Charanjit Bhullar, Addl. PP for the State.
Shri Varinder Singh Bains, Advocate for accused Lakhvir Singh.
Accused Gursewak Singh, Maninder Singh in custody produced through VC represented by Shri Varinder Singh Bains, Advocate.
Accused Jaspreet Singh on bail with Shri Varinder Singh Bains, Advocate.
Sh. Jaspreet Singh, Advocate for accused Harpreet Singh.
Heard. In view of facts of the applications, personal appearance of accused Lakhvir Singh and Harpreet Singh is exempted for today. Accused Gursewak Sigh and Maninder Singh produced by the Jail Authorities through Video Conferencing. Further report of SIT not received. However, NEW SIT has been formed. Let report of New formed SIT be awaited for 06.05.2024.
Date of Order: 28.3.2024 ( Jaspinder Singh ) (Manoj Kumar), Stenographer>II.
Sessions Judge, Patiala/(PB00148).B @ 8
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