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Rare for Courts to interfere in the investigation of a crime: Justice Ranjit Singh on Kotkapura firing case

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So far justice has eluded those who suffered at the hands of trigger happy police officials who had killed and injured various persons sitting on peaceful protest at Behbal Kalan and Kot Kapura in the year 2015. They were protesting against serious incidents of sacrilege of Sri Guru Granth Sahib.

First the then Government and administration did everything to save guilty officials who have committed serious offence of murder/attempt to murder. Lately the Courts have been over indulgent towards police officials without sparing any thought for those who were killed and injured in this firing suffering lifelong handicaps.

Primarily, it is public pressure that has kept the cases revived leading to filing of various charge sheets against those found blame worthy.

It is rare for the Courts to interfere in the investigation of crime as that is the duty of police and police alone as per the criminal jurisprudence. The defect or infirmities in investigation, if any, are to be pleaded and proved before trial Court where challans are filed. Police has unhindered power to investigate crime.

No accused person will ever be satisfied with investigator and he has no right to object or to seek change of Investigation Officer. Interference in the investigation by the Courts is never done especially when police has filed challans after completion of investigation.

Some telling observation have come a day late where it is observed that Courts should not interfere in police probe (see Times of India dated 14th August, 2021).

In these cases Courts at various levels have interfered at every stage making the victims suffer for all these years. Hopefully justice will be done in these cases.

Justice Ranjit Singh,
Former Judge, Punjab & Haryana High Court,
April 15, 2021

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