NEW DELHI:” Don’t break the back of democracy,” the Supreme Court told the Advocate General of the Punjab Government while ordering the Central Bureau of Investigation (CBI) to register a case against the Punjab Police and to probe into the bizarre incident, where a person brought “dead” to the hospital was taken away by the police on discovering he was alive, only to bring him back dead three hours later.

The Division Bench of Justice Kuldip Singh and Justice S.C_Agarwal, which had taken a” suo motto cognizance Of the incident on Nov.1, on the basis of a newspaper report, also directed Home Secretary of Punjab 16 immediately suspend Sub Inspector Sita Ram, who was the Station House Officer of the concerned Vaitoha police station in Amritsar district. (He has been transferred to Ropar).

The judges asked Sub inspector Sita Ram, who was present in the court, to report before the CBI Director on Saturday at 11 a.m. for further directions.

When the Advocate General informed the court that SHO Sita Ram had been already shifted from Valtoha police station, Justice Kuldip Singh said: “What to shift him, we will send him to Tihar Jail right from here and then ask the CBl to register a murder case against.

However, the Advocate General said it was not only Sita Ram buta joint team comprising Border Security Force and Punjab Police personnel, which had participated in the false encounter. He further said an inquiry by any investigating agency would be appropriate at this stage. Otherwise, he contended, it would have a de~ moralizing effect on the Punjab Police.

“We are fighting a battle and are at the verge of breaking the back off terrorism.” ‘

At this, Justice Kuldip Singh remarked; “Don’t break the back of democracy.”

When the Advocate General suggested that the court could direct a Sessions Judge to enquire into the matter and submit a report, Justice Kuldip Singh firmly said: “We are not interested in it… Lf we close our eyes now, then judiciary ’sees will remain close all the times. These things can’t go on like this. There is an end to everything.” In its reply to the charges reveled against it, the Punjab Police claimed that Sarbjit Singh, who was found alive in the Civil Hospital, had died subsequently, while he was being shifted 19 another hospital in Amritsar on the advice of the doc tors:

‘The police said while Sarbjit Singh was seriously hurt, an unidentified person was killed in an encounter near Patti.

Describing the two as “terrorists,” the Advocate General said a large cache: of ammunition was recovered from them.

Article extracted from this publication >>  November 12, 1993