High Court notice to CBI on plea for shifting trial in 31-year-old custodial killing case

Nearly 31 years after an FIR was registered over allegations of illegal arrest, wrongful custody and killing of Balwinder Singh and others, the Punjab and Haryana High Court has issued notice to the Central Bureau of Investigation (CBI) on a petition seeking transfer of the trial to another court in Mohali. It is currently pending before Mohali CBI special judge.

Retired police officials, who stand accused in the case, have moved the High Court contending that they have been falsely implicated and are being denied a fair trial. They claim that the trial court is not permitting their counsel to properly cross-examine prosecution witnesses, particularly the investigating officer, making it impossible for them to effectively defend themselves.

The petitioners have challenged the order dated June 6, by which the Sessions Judge, Mohali, dismissed their plea for transfer of the trial. Among other things, the petitioners have alleged that the order was passed in a “mechanical manner” without due appreciation of the facts and circumstances of the case.

According to the petition, the FIR was lodged on September 12, 1994, and the challan was filed on May 31, 1996, but prosecution evidence is still underway. The case is currently listed for further cross-examination of the investigating officer.

The petitioners, described as retired and elderly police officials, assert that they are unable to secure a fair opportunity to confront witnesses and seek that proceedings be shifted to another court within Mohali to ensure justice.

Senior advocate Bipan Ghai, with advocates Yagsimant Attri and Nikhil Ghai, appeared for the petitioners, and submitted that the atmosphere before the current trial court was prejudicial to their clients and undermined their right to a fair defence.

Issuing notice to the CBI, Justice Manjari Nehru Kaul adjourned the matter to August 28 after Special Public Prosecutor Akashdeep Singh accepted notice and sought time to respond.

Punjab