NIHAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) NAU Nihal Singh, who is the brother of Gurdial Singh deceased, has filed this petition for transfer of the investigation of case F.I.R. No. 81 dated May 19, 2002, registered at Police Station Bhikhiwind, District Amritsar, for the offences punishable under Sections 302, 307, 148 read with Section 149, Indian Penal Code, and Sections 25, 27, 54 and 59 of the Arms Act, to the C.B.I. or any other independent agency. He has also prayed that the Investigating Agency be directed to present the charge-sheet within 90 days of the arrest of the accused.

(2.) THE present incident is reported to have taken place at 11.30 A.M. on May 19, 2002 in which Gurdial Singh (brother of the petitioner) and five of his companions were shot dead, while sitting in a Tata Sumo in the area of village Algo Kothi, the native village of Gurdial Singh deceased. Gurcharan Singh, who was also one of the associates of Gurdial Singh deceased and was sitting in the same Tata Sumo at that time, also suffered gun-shot injuries, survived the attack, but his right leg was amputated.

(3.) FOUR accused, namely, Dalbir Singh (respondent No. 6), Major Singh (respondent No. 7), Bikramjit Singh (respondent No. 8) and Inderjit Singh (respondent No. 9) have been arrested. In the present case it has been alleged that the incident had occurred with the conspiracy of Mr. Gurchet Singh Bhullar, Minister of Irrigation (respondent No. 12), and Tarlok Singh Chakkawalia (respondent No. 13), and that the accused have the patronage of Capt. Amrinder Singh, Chief Minister of Punjab (respondent No. 2). It is further been alleged that Mr. Narinder Bhargava, S.S.P. Tarn Taran (respondent No. 3), is not conducting the investigation in a fair manner as he is acting under the influence of the Government of the day, headed by Capt. Amrinder Singh. It has been alleged that Capt. Amrinder Singh, Chief Minister, Punjab, has given a clean chit to Gurchet Singh Bhullar, Minister of Irrigation (respondent No. 12), to the effect that he had no hand in the incident, on the very next date of the occurrence. A press cutting (had P5) has been placed on record to support the said assertion. It has further been alleged that Jasbir Singh alias Jassa (respondent No. 10) and Tarlok Singh Chakkawalia (respondent No. 14), who have been named in the F.I.R., are very close to the Chief Minister. They were allegedly seen moving with Capt. Amrinder Singh at the time of Assembly Elections in the State of Punjab held in February 2002. Press cuttings (Annexures P6 and P7) have been annexed with the petition, in which Jasbir Singh and Tarlok Singh Chakkawalia, accused, have been shown sitting on the dais in the company of Capt. Amrinder Singh at the time of assembly elections in the State of Punjab. Further it has been alleged that Gurdial Singh deceased was a political rival of Mr. Gurchet Singh Bhullar, Minister of Irrigation, Punjab. In the month of March 2002, the security provided to Gurdial Singh deceased was allegedly withdrawn at the behest of Gurchet Singh Bhullar (respondent No. 12) and after that he and his companions were allegedly got killed by him (Gurchet Singh Bhullar) and Tarlok Singh Chakkawalia.