Read Order: Barun Chandra Thakur vs State of Haryana & Ors
LE Staff
Chandigarh, July 6, 2021: The Punjab and Haryana High Court on Tuesday issued notice to the Haryana government over denial of prosecution sanction against erring cops in the 2017 murder of a seven-year-old child in a private school in Gurugram.
The Haryana Police had initially probed the killing and arrested Ashok, who was a bus conductor in the school and had carried the injured boy who lay bleeding on the ground floor corridor to a vehicle that rushed him to hospital.
After the CBI took over, it found the police investigation was botched and apprehended a Class XI student of the school for the murder.
In its additional charge sheet last year, the CBI has named four cops — Birem Singh (then ACP, Sohna), inspector Narender Khattana (then SHO, Bhondsi police station) and sub-inspectors Shamsher Singh and Subhash Chand — who were involved in the probe.
The CBI alleged that ACP Singh and SI Chand had physically and mentally tortured and intimidated the bus conductor and fabricated evidence, prepared false official records in conspiracy with each other and used them in court against Ashok Kumar for the purpose of punishing him.
Earlier on February 19 this year, Haryana’s additional chief secretary (home) Rajeev Arora issued an order stating that the CBI’s request seeking sanction for prosecution was declined after thorough examination of the CBI report, statements of relevant witnesses and the relevant documents that were relied upon.
The state reasoned that the policemen made some errors in the investigation but there was no fault in intent.
This order of the Haryana government was challenged before the High Court by the father of the murder victim.
Counsel Anupam Singla, appearing for the victim’s father, told LegitEye that they have sought quashing of the Haryana government’s official order to denial of sanction to prosecute four erring cops because the state has passed the said order in a mechanical manner and without appreciating the facts and culpability of the crime attributed to the erring cops.
These cops while investigating the matter are alleged to have not performed their duty as they knowingly fabricated the false evidence besides preparing false and incorrect documents with an intention to implicate an innocent person in this case, he said.
The counsel said in light of CBI chargesheet, the offences committed by these police officials can’t be said to be a part of their official duty. He said the present petition has been filed by the victim’s father not only to seek justice against the perpetual offender of the crime including the erring cops but also propagating the cause of justice for the victim having a right to an honoured burial and a right to rest in peace.
In the present matter, the theory of sexual exploitation, masturbation, child operation, etc as being falsely propounded by the said cops has caused great dishonour and disrespect to the victim and his family, the counsel said.
He said based on their petition, the bench of Justice Arvind Singh Sangwan issued notice to all parties concerned including the cops in question. The high court will hear the matter again on November 8.