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HC Directs Punjab Govt To File Detailed Reply For Delay In Booking FIR In Colonel Assault Case

The Punjab and Haryana High Court ordered the Punjab government to submit a detailed response by March 28th, explaining the delay in registering an FIR in the assault case against an army colonel.

Chandigarh, Mar 25 (PTI) The Punjab and Haryana High Court on Tuesday directed the Punjab government to file a detailed reply by March 28, asking it to explain the delay in the registration of an FIR in the army colonel's assault case.

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 the high court, seeking to transfer the probe to the CBI or another independent agency.

He alleged in the plea that a fair investigation was impossible under the Punjab Police.

After the hearing before the court on Tuesday, Deepinder Singh Virk, one of the counsels representing Colonel Bath, said the high court has directed the state of Punjab to file a detailed reply by Friday.

"There are specific points on which the reply has been sought. These include all the officers who were present at the spot at the time of the incident.

"Intimation was given by Colonel's family as soon as the incident took place. To which officer was the information given at the first instance and why he opted not to register the FIR.

"The Colonel's family also approached the Patiala SSP, why the matter was delayed for eight days and FIR not registered.

"It has been claimed that there were police officers who were also injured and if they had complained why no FIR was registered," Virk said while giving details about the court hearing.

Virk said a video that captured the incident has also been put on record.

As it happened, Colonel Bath in his petition alleged 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 them both 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 an 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," the petition read.

It also claimed that Bath's family had to approach senior police officers and the Punjab governor before a "proper subsequent FIR" was filed only after eight days.

"...Given the clear conflict of interest, delay, manipulation and bias, a fair and impartial investigation is impossible under the Punjab Police...," he submitted.

The petition sought the transfer of the investigation 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." Colonel Bath's family members have alleged that police 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.

On March 21, Punjab Police lodged a fresh FIR based on Colonel Bath's statement.

The matter is now subject to a probe by a special investigation team.

All 12 personnel have been placed under suspension and departmental proceedings initiated against them, 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.

Colonel Bath's wife Jasvinder Kaur demanded the transfer of Patiala Senior Superintendent of Police Nanak Singh. PTI SUN VSD VN VN

Disclaimer: (This report has been published as part of the auto-generated syndicate wire feed. Apart from the headline, no editing has been done in the copy by ABP Live.)

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