CHANDIGARH: 17 NOVEMBER : The Punjab Government informed the HC Bench comprising Justice M.M. Kumar and Justice R.N. Raina today during resumed hearing of PIL filed by Advocate-cum-petitioner, H.C. Arora that apart from the police officials, whose names were mentioned in the affidavit filed by the Government yesterday, 4 more police officials have been dismissed from service. They include two Inspectors, One ASI and one Head Constable. Besides some more convicted police officials have been imposed major punishment of forfeiture of service etc., and that action is likely to be taken shortly against 4 more convicted police officials
While the Bench was adjourning the PILs for arguments on November 25th, the petitioner drew the attention of the Bench to a Contempt petition filed by him against the Chief Secretary, Punjab ((S.C. Aggarwal) for not removing one DSP, Bhupinder Singh Khatra from service despite his conviction more than two years’ back on Sept.30th, 2008 and sentence of two years’ rigorous imprisonment given to him by the Court for offences committed by him under sections 193/201/466/471 IPC, in as much as he had tempered with passport and panchnama etc, and permitted the concerned accused to flee from India. The petitioner also informed the Bench that as per the affidavit filed by Punjab Government yesterday, the Government has recommended his case to Governor of Punjab for grant of pardon to him. He therefore submitted that the case of Bhupinder Singh DSP does not deserve pardon.
Taking a very serious notice of the facts of this case, the Bench asked the Addl. Advocate General, Mr. Rupinder Singh Khosla about his comments, to which Khosla replied that “Bhupinder Singh DSP is a gallantary awardee”. “What have you to say about the gallantary contained in the judgment of conviction.” quipped the Bench. Not satisfied with the response of the State Government, the Bench issued an order in the COCP directing the Chief Secretary, Punjab to take steps as per law for removal of Bhupinder Singh DSP, in view of the directions given by the HC Bench in earlier PIL filed by HC Arora, wherein an order was passed on November 18th, 2008 directing the State of Punjab to remove all convicted governments from service. The Bench directed the State Government to file an affidavit on next date after taking action against DSP.
In another significant development, the Bench also directed the Registree of the HC to list all those CWPs, that may be filed by the concerned convicted police officials, who have been dismissed by the Punjab Government, as per affidavit filed in the HC yesterday, and additional information given to the Court today during hearing, be listed before this Bnech only which is hearing these PIs.
As reported by Advocate H.C. ARORA – PETITIONER IN PERSON.
Bhupinder Singh Khatra’s case – Highlights
• He was DSP, Punjab Police, at Bathinda, when he was convicted by the Court of Shri Inderjit Singh, Sessions Judge, Faridkot, vide judgment dated Sept.30th, 2009,
• Conviction was under sections 193 IPC/ 201 IPC/466 IPC and 471 IPC.
• In aggregate, he was sentenced to two years’ imprisonment.
• In para no.17 of the judgment, trial Court observed:-
• “ I find that the accused DSP Bhupinder Singh fabricated false evidence by torning the papers from the Passports and also by preparing false statement under section 161 Cr.P.C. and memo regarding the recovery of the passports for the purpose of using the same at any stage of the judicial proceedings which is defined under section 193 IPC…..
• Nest I find that the accused Bhupinder Singh in criminal conspiracy with SI Major Singh removed the pages of the passports of Amarjit Singh and Gurmeet Kaur to diappear with the intention to screen the offenders from the legal punishment and has thus, committed offence punishable u/s 201 IPC….
• Next I find that accused Bhupinder Singh has forged the recovery memo and the statement u/s 161 Cr.P.C. of HC Balbir Singh…….. and have thus committed offence punishable u/s.466 IPC….”
• He was granted bail by the HC October 21st, 2009.
• Now Government says his case for granting pardon to him is consideration of Governor.