NEW DELHI: The Khalra case took a curious turn last week with the Punjab Advocate General, M.L. Sareen, himself asking the Supreme Court to have the matter investigated by the CBI, as the state police had been unable to trace the missing Akali leader.
The Supreme Court bench, comprising Justice Kuldip Singh and Justice Sager Ahmed, has for the moment reserved its judgment on the matter, The names of five policemen suspected to have been involved in the abduction were also forwarded to the apex court last week by the complaints, Mr. Sareen took everyone by surprise when he himself pleaded before the Supreme Court bench that the investigation of the case should be handed over to the “CBI or any other independent agency.” Admitting that the Punjab police had been unable to trace the missing leader, Mr. Sareen said, “We ourselves are very keen to know about what has happened to Mr. Jaswant Singh Khalra.”
A stunned Mr, R.S. Sodhi, counsel for Mr. Khalra’s wife, said that either the learned Advocate General was being “very fair or he does not realize what he is saying.”
Mr, Sodhi argued that when the State government itself admits that it cannot maintain law and order, or, it has no power over its police force the situation reflects a Constitutional breakdown. Clearly the government is unfit to carry out its foremost Constitutional function of ensuring the safety of its citizens, he added.
Mr. Sareen was on the defensive and said that he had asked for the CBI investigation because the complaints: harbored so much distrust against the State government. Justice Kuldip Singh quipped that it was not their fault and the state appeared to be in the grip of police terror.
Defense counsel submitted that there was “direct rivalry” between Mr. Khalra and the controversial Tarn Taran police chief, Mr. Ajit Singh Sandhu, as the former had been instrumental in collecting evidence regarding the killing of youths in police custody. These youths had been later cremated as “unclaimed” at municipal expense.
Mr. Khalra a human rights activist had also enabled several victims of police atrocities to make the High Court for redress and this had put Mr. Sandhu in a tight spot. Mr. Sandhu had then managed to wangle a second unprecedented posting to the Tam Taran police district, even as court cases and a CBI enquiry were pending against him for his alleged excesses.
Mr. Sodhi pleaded that a fair investigation could not be conducted into the case as long as Mr, Sandhu continued to be posted as the SSP of Tam Taran, “The witnesses were too scared to come forward and testify, he added.
The Amritsar police, who were also looking into the matter, as Mr. Khalra had been picked up from the city, had earlier submitted an affidavit saying that the complainants were not cooperating with them.
Article extracted from this publication >> November 17, 1995
