12 years after mystery death in Punjab dera, HC tells SSP to explain ‘inaction’

Chandigarh: Expressing concern over no FIR being registered in the suspicious death of a woman in a dera headed by Sikh preacher Ranjit Singh Dhadrianwale in Punjab’s Patiala district 12 years ago, the Punjab and Haryana high court has directed the Patiala SSP to file an affidavit on the “inaction”.
“In the present case, a novel and extra-legal method of conducting an inquiry by the police has been followed without registration of an FIR. This court, in normal circumstances, would have asked the petitioner to approach the magistrate, but since the offence alleged is murder, this court is inclined to interfere. Therefore, Patiala SSP is directed to file an affidavit on the next date of hearing justifying the aforesaid action/inaction on part of the police authorities,” the high court has ordered, fixing the next date of hearing on Wednesday. Chief Justice Sheel Nagu has passed the orders on a petition filed by Sahib Singh, 46, a resident of Patiala district’s Majri Samana village.
In his detailed order released on Monday, the Chief Justice has also recorded that the procedure known to law, as enunciated by the apex court in the constitutional bench decision in the case titled Lalita Kumari versus State of U P (2014) is that the moment a complaint is filed about the commission of a cognisable offence, the first step to be taken by the police is to register an FIR and thereafter conduct investigation. In case the allegations of an alleged cognisable offence are not found to be true, the police are free to file a closure report, or if the evidence is found, then to file a final report under Section 173 of CrPC (Section 193 of BNSS), the Chief Justice has said.
The high court has made the observations after the counsel representing the Punjab govt informed that no FIR was lodged in the case but an inquiry conducted by the police and proceedings under Section 167(4) of the Code of Criminal Procedure (now Section 187(8) of BNSS) were initiated and thereafter the entire inquiry was dropped.
The petitioner has sought directions to conduct a fair and impartial investigation into the death of his sister. He had claimed that poison was detected in her autopsy report but the police had taken no action. He has also sought directions to hand over the probe to a special investigation team (SIT) headed by a senior IPS officer or to the CBI. The petitioner has also impleaded Dhadrianwale as a respondent in the case, but no notice has been issued to him. The petitioner has claimed that the police had confiscated his mobile phone and that of his family members and sister and returned them after erasing data and threatened them not to take any action against the dera head.