HC puts Mohali Mayor on notice

Tribune News Service

Chandigarh, October 28

The Punjab and Haryana High Court has put Mohali Mayor Amarjit Singh Sidhu on notice on a petition alleging non-registration of a case against the accused as they were the “mighty politician’s” blue-eyed boys. The notice has also been issued to the Central Bureau of Investigation, the state of Punjab and other respondents, including the accused.

The order by Justice Raj Mohan Singh came on a petition filed by the victim through counsel Charanjit Singh Bakhshi. She was seeking directions to the official respondents to register a case against the accused for rape, criminal intimidation and another offence. Directions were also sought to protect her life and liberty, along with ensuring her husband and family’s protection.

The Bench, among other things, observed that a perusal of the status report showed the specific stand of the police was that the prosecutrix was brought to Government Multi-Specialty Hospital in Sector 16 on August 5 by ASI Bahadur Singh. The investigating officer also recorded a statement of the duty officer, who stated that the petitioner “was never got admitted” to the hospital. Rather, she went home on her own sweet will. Bakhshi, on the other hand, referred to the alleged victim’s medico-legal report in which the doctor expressed the opinion that the possibility of sexual assault could not be ruled out.

Justice Raj Mohan Singh observed that Bakhshi was also relying on instructions, dated October 9 last year, issued by the Ministry of Home Affairs, wherein mandatory action was proposed to be taken by the police in the case of a crime against women.

“According to him, in case of disclosure of a cognisable offence, the police have to register a case and thereafter, investigate the same. The ratio of Lalita Kumari versus the Government of Uttar Pradesh and others can also be relied upon in the present case,” Justice Raj Mohan Singh added.

Before parting with the case, Justice Raj Mohan Singh issued a notice of motion for December 16. It was, on the asking of the court, accepted by Punjab Additional Advocate-General HS Grewal on behalf of the state. Advocate Sangram Singh accepted the notice on behalf of the premier investigating agency.

“The state counsel seeks time to file a detailed status report in continuation of the status report already on record,” Justice Raj Mohan Singh observed.