Chandigarh, Colonel Pushpinder Singh Bath, who has accused 12 Punjab Police personnel of assaulting him and his son over a parking dispute, on Monday filed a plea in Punjab and Haryana High Court, seeking transfer of the probe to the CBI or another independent agency.
He alleged in the plea that a fair investigation was impossible under the Punjab Police.
Colonel Bath, an army officer serving in a “sensitive post under the Cabinet Secretariat, Government of India”, said in the petition that he and his son were “brutally” attacked on the intervening night of March 13 and 14 in Patiala.
He alleged that the assailants four inspector-rank officers of the Punjab Police and their armed subordinates attacked him and his son without provocation, snatched his ID card and mobile phone, and threatened him with a “fake encounter” all in public view and under CCTV camera coverage.
“Despite the seriousness of the offence, the local police failed to take action. Distress calls made to senior officials were ignored and, instead of registering a FIR based on the petitioner’s statement, a bogus FIR under ‘affray’ against unknown persons was filed on the complaint of an unrelated third party,” according to the petition.
“The petitioner’s family had to approach the senior police officers and the Punjab governor before a proper subsequent FIR was eventually registered after eight days,” it was submitted.
It was also alleged that the “accused officers” made video calls to the petitioner’s wife and admitted to the offence, claiming they were “intoxicated, and pressuring her to compromise”.
“Eyewitnesses have filed sworn affidavits identifying the police officers involved and detailing the assault. Yet, the police have failed to arrest or interrogate the accused, and continue to suppress evidence and delay justice,” according to the petition.
“Given the clear conflict of interest, delay, manipulation and bias, a fair and impartial investigation is impossible under the Punjab Police…,” it was submitted.
The petitioner submitted that the investigation might be transferred to the Central Bureau of Investigation or another independent agency “to prevent miscarriage of justice, ensure accountability, and restore public confidence in the rule of law”.
According to the petition, “if the case is not entrusted to an independent agency, it may result in demoralisation of armed forces, institutional breakdown, and irreparable harm to public trust”.
Colonel Bath’s family members have alleged that police personnel in plainclothes asked him to move his car so that they could park theirs. When the colonel objected to their tone, they thrashed him and his son.
The colonel suffered a broken arm while his son a cut on his head.
The Punjab Police on March 21 registered a fresh FIR based on Colonel Bath’s statement. A high-level special investigation team has been set up to conduct the investigation in a “fair and expeditious manner”.
All 12 personnel have been placed under suspension and departmental proceedings for major punishment have been initiated against them, the Punjab Police earlier said.
On Monday, the army officer’s family members lifted their ‘dharna’ in Patiala after officials informed them that the chief minister would hear their grievance in a meeting on March 31.
Joined by several ex-servicemen and veterans, family members of Colonel Bath had been holding a sit-in protest outside the Patiala deputy commissioner’s office since March 22, demanding justice.
Colonel Bath’s wife Jasvinder Kaur has accused the 12 police personnel of brutally thrashing her husband and their son, and demanded a CBI probe into the matter and the transfer of Senior Superintendent of Police Nanak Singh.
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