Sippy Murder Case: Judicial Magistrate ordered to hear protest plea afresh

Chandigarh, February 26

CBI Court special judge Jagjit Singh has directed Special Judicial Magistrate CBI to appreciate afresh allegations made in a protest petition filed in Sippy Sidhu murder case against former ASP Guriqbal Singh Sidhu and Inspector Poonam Dilawari of Chandigarh Police.

The judge has passed the order in a revision petition filed by Deepinder Kaur and Jasmanpreet Singh Sidhu, the mother and brother of Sukhmanpreet Singh Siddhu alias Sippy Sidhu, challenging the order of Special Judicial Magistrate, CBI, Chandigarh.

The Special Judicial Magistrate, in an order on February 2, 2023, held that the protest petition had become infructuous and non-maintainable qua the role of the two police officers.

After 6 years of the investigation, the CBI failed to find culprits in the case and filed the un-trace report in December 2020. The complainants have filed the protest petition against the un-trace report.

Complainants alleged that the CBI, in its un-trace report, also recommended regular disciplinary action against Poonam Dilawari and Guriqbal Singh Sidhu for “lapses” at initial stages of investigation that “seriously handicapped” the progress of investigation.

The complainants said observation made by the trial court that it does not find any obvious and prima facie incriminating material against the exonerated police officers was prima facie wrong. They said there were ample evidence on record to proceed and to take cognisance against the police officers.

On the other hands, counsels for the police officers argued that they were not at fault and had there been any case made out against them, the CBI could have filed the charge sheet even against them.

After hearing of arguments, the special judge said: “A perusal of the protest petition filed by the present revisionist goes to show that it had been filed when an un-trace report had been filed by the CBI against all the accused. In the protest petition, the complainants have discussed a lot of evidence that had even come in the original un-trace report filed by the CBI that was also discussed during the above arguments of the revisionist counsel.

“As a result, the magistrate could not have simply over-looked all the evidence, and in one line could not have come to the conclusion that the protest petition was not maintainable or was infructuous and by doing so he has fell in error. Resultantly, the order dated February 4, 2023, as passed by the Special Judicial Magistrate, CBI, Chandigarh, is hereby ordered to be set aside, and the case is remanded back for appreciating afresh the allegations as levelled in the protest petition against the respondents No. 2 & 3 of the revision, and to pass afresh order therein, and then commit the case.”

The special judge further directed the respondents to appear before the Court of Special Judicial Magistrate, CBI, Chandigarh on March 1.