01/06/2012
HAVE YOU EVER BEEN ABUSED BY POLICE...??
A historic judgement by Punjab and Haryana High Court: The Punjab and Haryana High Court ruled that sanction was not legally required to prosecute Punjab Police cops, who “took law into their own hands”, and eliminated “helpless persons” after picking and illegally detaining them. The ruling by Justice Mehinder Singh Sullar came on 35 petitions filed by Atma Singh Bhullar and other police officers. Probing cases against these cops, the CBI had claimed that all the “petitioners-accused had hatched a criminal conspiracy, to do an illegal act by illegal means…” The petitioners sought the dropping of proceedings for want of sanction under Section 6 of the Punjab Disturbed Areas (Amendment) Act, 1989. A trial court had dismissed their applications vide impugned orders dated 20 October 1999, 8 May 2000 and 17 April 2000.
Elaborating on the scope of Section 6, Justice Sullar ruled, “Section 6 appears to afford adequate protection to public servant to ensure that they may not face the false prosecutions. Neither this section extends its protective cover to, nor to put a wall around, a guilty public servant, pertaining to every illegal acts and omissions…”Dismissing the applications, Justice Sullar said the petitioners-accused were not at all entitled to the umbrella of protection under Section 6. “Thus, no sanction whatsoever is legally required to prosecute them for commission of the heinous offences”. (Atma Singh Bhullar v. State of Punjab, Criminal Misc. No. M-7861 of 2005, decided on May 14, 2012)