High Court stays DSP Soni’s arrest

Chandigarh, January 28

The Punjab and Haryana High Court today stayed the arrest of Punjab Deputy Superintendent of Police (DSP) Atul Soni, accused of firing at his wife. The order will remain in force at least till January 31, the next date of hearing in the case.

Taking up the petition, Justice Jaishree Thakur of the High Court also called for a status report in the matter after issuing a notice of motion to the state of Punjab and Soni’s wife. Appearing before Justice Thakur’s Bench, Soni’s counsel SPS Sidhu contended that all allegations in the FIR had been concocted by the police. Sidhu argued that an altercation took place in the complainant’s house. A woman sub-inspector came at that point, but left thereafter.

Sidhu further contended that it was stated in the FIR that the complainant met the police on January 19 outside the Army Institute of Law, Sector 68, Mohali, at 2.15 pm, which was patently false. He added that a written complaint, which became the basis of the FIR, was never given by her.

Justice Thakur took note of the fact that another counsel, SPS Khaira, appearing on the wife’s behalf, supported the bail application by submitting that no such complaint was ever given by her. Appearing before Justice Thakur, the wife, on asking, swore that nothing, except altercation, took place.

The notice issued by the Bench was accepted on behalf of the state by Punjab Deputy Advocate-General Davinder Bir Singh. Soni, posted with 13th Battalion of Punjab Armed Police at Chandigarh, was seeking anticipatory bail in an FIR registered for attempt to murder, cruelty and other offences on January 19 under Sections 307, 323 and 498-A of the IPC and provisions of the Arms Act at the Phase VIII police station in Mohali.

Sidhu submitted that the present case was registered on the allegations that Soni’s wife was being tortured by him and he shot at her on the day of the alleged occurrence, but her son came in the middle and she was saved.

He said the case was registered by twisting the fact. In fact, such a complaint was not made by his wife. There was an altercation between the couple, following which she reported the matter to the police. However, firing was never alleged by the wife and she had already executed an affidavit to this effect. — TNS