AMRITPAL SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is Crl. Misc. No. 32999-M of 1998 where Amritpal Singh and Satpal Singh (petitioners herein) have prayed for the grant of anticipatory bail to them in case FIR No. 170 dated 25.11.1998 of PS Derabassi (district Patiala) registered under Section 172-A(1) of the Punjab Municipal Act, 1911 read with Sections 465, 467, 468 and 471 of the Indian Penal Code.

(2.) The prosecution case in brief is that Executive Officer, Municipal Committee, Derabassi wrote letter Annexure P-1 to DSP, Derabassi memo No. 1261 dated 19.8.97 in which it was alleged that M/s Amritpal Singh and Satpal Singh who are the Manager/Proprietor or partners of M/s Evergreen Hotel and Restaurant Pvt. Ltd., Main Road, Derabassi had encroached the municipal land/premises or public place belonging to or vesting in the committee situated on main road, Derabassi by raising a permanent structure on said land or public place by constructing (raising hotel on 95.5 square yards land) as reported by the officials of municipal council Derabassi and notice was issued to the encroachers for the removal of encroachment but encroachment was not removed. Encroaching upon municipal land is an offence punishable under Section 172-A(1) of the Punjab Municipal Act, 1911. On this application case was registered.

(3.) Learned counsel for the petitioners submitted that this case is the outcome of their animosity with Cap. Kanwaljit Singh who is Finance Minister in the present cabinet. Amritpal Singh was earlier a member of the Akali Party and was a supporter of Cap. Kanwaljit Singh who is sitting MLA from Banur constituency of which Derabassi is a part. When the election to the SGPC took place in 1996, Cap. Kanwaljit Singh approached Amritpal Singh with a request to support Shri Dhian Singh who was an Akali candidate. He told Cap. Kanwaljit Singh that he was already committed to support Shri Amrik Singh Malikpura who was an independent candidate. Cap. Kanwaljit Singh became annoyed with him. In February 1997, polling to the Punjab State assembly took place. Amritpal Singh had verbal altercation with Cap. Kanwaljit Singh over the polling of votes. Amritpal Singh was President, Municipal Committee, Derabassi from 1992 to 1997 and he is Vice President of District Congress Committee, Patiala. Petitioner No. 2 Satpal Singh is a businessman. After elections in February 1997, Akali party was returned to power. Cap. Kanwaljit Singh became Finance Minister. On 17.9.97 lie got him removed from the office of President, Municipal Committee, Derabassi. His term was to expire on 24.9.97 but he got him unceremoniously removed on 17.9.97. He filed writ challenging his removal and that writ was allowed. One of the charges leading to his removal from the office of President was that during the year 1993-94, he in connivance with his brother Satpal Singh had helped encroachment of 95 square yards of municipal land during the course of extension and construction of Hotel Evergreen and that he had taken no interest in the litigation relating to this piece of municipal land. In December, 1997, the police started harassing the petitioners on various counts at the instance of Cap. Kanwaljit Singh. DDR was recorded on the statement of one Manjit Singh. Petitioner No. 1 Amritpal Singh was arrested on 9.12.97 and was detained. He was beaten and insulted. Supporters of Cap. Kanwaljit Singh namely Dhanwant Singh etc. witnesses when he was being beaten and insulted. Eventually complaint under Section 107/151 Cr.P.C. was filed and he was discharged by Sub Divisional Magistrate, Rajpura. They made complaints to the higher authorities about the ill-treatment given to Amritpal Singh in the police custody on 9.12.97. False case was registered against Amritpal Singh under Section 309 IPC that he attempted to commit suicide while he was in Police custody, Civil Writ Petition No. 13321 of 1997 was filed challenging the action of the Executive Officer, Municipal Committee, Derabassi on the basis of the letter Annexure P1 praying that the said letter (FIR) be quashed and municipal committee be directed not to demolish or get demolished any part of the hotel building of the petitioners and other building occupied by Oriental Bank as their lessees on land measuring 695.5 square yards. In that writ petition notice of motion was issued and dispossession and demolition was stayed till further orders. This order is still in force.