The same was confirmed in June 2019 by the central department saying that “it was taking up the matter with CBI”.IN ITS application before a CBI court in Mohali against the probe agency’s decision to again open investigation into the three FIRs pertaining to sacrilege incidents of 2015, the Punjab government Wednesday submitted that the CBI has “no jurisdiction whatsoever” to continue the probe after withdrawal of consent by state government and upholding of the state’s decision by Punjab and Haryana High Court earlier this year.
The government in the reply to the CBI application — which asked the court to keep in abeyance its own earlier-filed closure report in the three FIRs, said that the Punjab government in March 2019 communicated to the Department of Personnel and Training to ensure return of the case files and other record from the CBI. The same was confirmed in June 2019 by the central department saying that “it was taking up the matter with CBI”.
“Despite losing its powers due to withdrawal of consent, and despite the DoPT/Government of India ostensibly coordinating with the state for return of the files, the CBI went ahead and hastily filed a closure report dated 29.06.2019 [the very next day] jointly in all these three cases…without identification of the culprits responsible for the 3 serious cases of sacrilege and outraging the feelings of the community, in a highly unprofessional manner,” read the reply filed by the government.
Three incidents of sacrilege took place in Faridkot district between June to October 2015 leading to a huge resentment and protests in Punjab and killing of at least two civilians in the police firing. The three FIRs pertaining to the desecration soon were transferred to the CBI for investigation by the then Akali Dal government but in August 2018, the Congress government withdrew the consent for CBI probe and asked its police SIT to probe the matter. In July 2019, the CBI filed a closure report in the three FIRs terming all the 10 accused innocent despite withdrawal of the consent by state government. In August, the CBI sought a stay on the operation of its own closure report citing the fresh inputs shared by the Director of Punjab Police’s Bureau of Investigation, Prabodh Kumar.
The government in the reply to the CBI application of August said that it was “incumbent” upon the Government of India and the CBI to handover all the case papers and material back to the Punjab state in view of the withdrawal of consent, adding the agency cannot now seek right of further investigation in the matter while relying on the letter of Director Bureau of Investigation, Punjab as the communication has to be read in the light of the “indisputable facts and declared legal position in the matter”.
“The said communication at best is to be treated as the concerned police officer pointing out various lacuna and errors in the investigation since carried on by the CBI,” reads the reply, while seeking dismissal of the CBI application for further probe in the matter.
The CBI court on Wednesday adjourned the hearing of the matter to September 25 for hearing of arguments on different applications pending in the case.
