Earlier, lower court had denied custody of Gypsy to Moga police. (File)The Punjab Police has been fighting Punjab Police in court for the last 21 months over custody of a Gypsy, which is a crucial piece of evidence against a former SSP and service SP in the Behbal Kalan firing case.
The Moga police wants its Gypsy back from the custody of Faridkot police, but the vehicle is wanted by the Special Task Force probing 2015 Behbal Kalan police firing.
Former Punjab DGP Sumedh Saini, suspended IG Paramraj Singh Umranangal, former SSP Charanjit Singh Sharma and serving SP Bikramjit Singh are also accused in this high profile case of police firing in which two Sikh protesters were killed.
According to STF challan in court, both SSP Sharma and SP Bikramjit Singh used Gypsy in question to allegedly create fake evidence against Sikh protesters, sitting on dharna at village Behbal Kalan over sacrilege of Guru Granth Sahib on October 14, 2015.
The police are alleged to have fabricated evidence by creating ten fake bullet marks with private weapon on the pilot Gypsy allotted to then Moga SSP, Charanjit Singh Sharma, to support their self-defence theory. The evidence was to allegedly show that the police was fired upon first and it then fired back in self-defence.
Earlier, lower court had denied custody of Gypsy to Moga police.
Moga police had first approached lower court Faridkot in March 2019 and argued that no useful purpose was going to served by keeping the same in police station for indefinite period because there is no arrangement to keep the same in safe custody and further its condition is deteriorating, day by day, if same be kept unused for a long time.
In lower court, Assistant Public Prosecutor for the state had not filed any reply and opposed the application orally and argued that vehicle in question is case property and is an essential proof of this case and there is every likelyhood to alter with the same. He prayed that application should be dismissed.
Deciding the matter, the lower court said, “This court is of the view that if Gypsy bearing no. PB-29L- 9612 be released on sapurdari, then it will cause prejudice to the prosecution, as there is every likelihood of any type of damage to the said Gypsy. Moreover, natural calamities, accidents, may cause damage to the Gypsy. This court is of the view that no ground is made out to release the vehicle in question to the applicant on apurdari. Hence, application is dismissed.”
In review petition filed on April 3, 2019, Moga police argued, “Lower court has erred in presuming that any damage will cause to Gypsy and prejudice will be caused to prosecution, whereas the learned trial court has ignored this fact, that the photographs of the gypsy can be clicked and an inventory of the same may be made by the investigating agency to safeguard the proof and evidence….. It is well undertaken by the revision petitioner that he will not alienate the said gypsy and will not make any alteration in the colour or shape of the said Gypsy so as to change its identity, but the learned lower court has not taken into consideration of the above undertaking….The impugned order under revision is based on mere conjectures and surmises… reasoning given by the learned lower court for rejecting the application for sapurdari of Gypsy are unsustainable and untenable. Hence, the revision petition, that the impugned order under revision petition may please be set aside and the revision of the petitioner may be accepted by way of ordering to release the government Gypsy on sapurdari.”
The vehicle in question was taken into custody, by SIT(Spceial Investigation Team) during investigation of FIR no 130 dated October 2 I, 2015 under Section 302, 307, 201, 218 and 34 IPC and 25, 27, 54, 50 of arms Act registered at Police Station Bajakhana.
Gypsy bearing no. PB 29-1-9612 is registered in the name of Director General of Police, Punjab.
STF chief Kunwar Vijay Partap said that STF would oppose the supardari of Gypsy to Moga police in court.
“Evidence of Gypsy is still pending in related case registered at Bajakhana. So we will oppose Moga police review petition to take Gypsy back,” said Kunwar Vijay Partap, while talking to The Indian Express.
The review petition is pending before the Faridkot court.