Punjab and Haryana High Court transfers Behbal Kalan firing case to Chandigarh

Saurabh Malik

Chandigarh, May 24

The Punjab and Haryana High Court today emphasised the need for independent trials to uphold Article 21 as it transferred to Chandigarh the trial of a murder case registered at the Bajakhana police station in Faridkot district. It was registered after two persons were killed in police firing at Behbal Kalan during a protest against the incidents of sacrilege in the State

The direction by Justice Sandeep Moudgil came on a petition by Moga’s then SSP Charanjit Singh Sharma through counsel Sangram Singh Saron, Shubreet Kaur and MB Rajwade. Among other things, he had contended that congenial atmosphere did not exist at Faridkot to conduct fair and impartial trial.

Reference was made to letter dated November 11, 2019, citing security concerns for the petitioner. Saron told the Bench that instructions had been issued for security arrangements “in view of the threats to life of the petitioner from Khalistan terrorists, associations of pro-Khalistan ideology and other radicals”.

Another communication was placed before Justice Moudgil’s Bench, vide which Faridkot SSP had informed the ADGP (Law & Order) on deputing of additional force in the court complex on the date of hearing following “apprehension of causing loss or hurt”

Justice Moudgil asserted a free and fair trial was integral to Article 21 of the Constitution, forming the cornerstone of criminal jurisprudence. Ensuring fairness in trial proceedings required a process untainted by bias, whether for or against the accused or the victim.

Justice Moudgil also emphasised the inherent risks in the current criminal justice system where executive involvement in investigation and prosecution could lead to bias. This involvement, the court noted, created conducive environment for tampering with evidence and intimidation of witnesses, jeopardising the integrity of the trial process.

Justice Moudgil observed the apex court had ordered the transfer of four FIRs, related to trial of persons allegedly connected to the incident of sacrilege, from Faridkot to Chandigarh “solely keeping in view the apprehension of safety and security of the accused persons, as well as the defence witnesses”. Justice Moudgil added: “Since the apex court itself has transferred the trial of all the FIRs, referred to above, relating to the said sacrilege incident from Moga and Faridkot to UT Chandigarh, this court sees no reason for it to deviate from the order passed by the apex court”.