Puran Kumar IPS case: Is abetment of suicide charge made out? Punjab and Haryana High Court asks

The Punjab & Haryana High Court on Friday questioned whether the charge of abetment of suicide was made out in the case registered to probe the death of Indian Police Service (IPS) officer Y Puran Kumar..The Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry was hearing a Public Interest Litigation (PIL) seeking a Central Bureau of Investigation (CBI) probe into the Haryana cadre officer's death.The case is currently being probed by a Special Investigation Team (SIT) of the Chandigarh Police. The PIL for a CBI probe has been filed by one Navneet Kumar, who is the President of an NGO."Looking into gravity of allegations, can 306 [IPC] be made out by this kind of allegations? Please tells us one Supreme Court judgment where conviction was passed on the basis of these allegations," the Court asked the counsel representing the petitioner."How can a mere abuse...even to that extent if somebody slaps a person, even then 306 is not made out, that is what Supreme Court has said," the Court added..Kumar shot himself dead at his residence in Chandigarh on October 7. In his suicide note, he blamed various officers including Haryana DGP Shatrujeet Kapur and then Rohtak SP Narendra Bijarniya for caste-based discrimination and targeted harassment. Kumar's wife is senior IAS officer Amneet P Kumar. She has been at the forefront demanding justice for her husband, who was from the Dalit community.Following a public hue and cry, both DGP Kapur and Bijarniya have been temporarily removed from their positions. Adding to the controversy, another police official Sandeep Lathar, who had arrested an aide of Kumar in another case, subsequently died by suicide. He is stated to have leveled corruption charges against Kumar and also blamed the IPS officer's family members..During today's hearing of the PIL, counsel representing the petitioner submitted guidelines laid down by the apex court for transfer of investigations to the CBI. He argued that even senior officers are not safe in the system."He [Kumar] has alleged that he was systematically victimised...the officers he has named, many of them have not even been transferred," the counsel added.However, the Court observed that since the investigation into the Haryana cadre officer's death was being conducted by the Chandigarh Police, there was no question of partiality."Had it been conducted by Haryana, that would have been different," Chief Justice Nagu remarked.The counsel referred to the subsequent suicide of Lathar and submitted that his death was being probed by Haryana Police. He pointed out that two different agencies are probing the suicides.The Court asked for proof showing that the agencies are not conducting the investigation in a free and fair manner."CBI is already quite overburdened. Let's not casually pass orders [for transfer of probe]...You have to point out some anomaly in the investigation, some lapse," it added..In response to the PIL, counsel appearing for the Chandigarh Police submitted that there was no material to warrant the transfer of the probe."There are three IPS officers in the SIT," the counsel added.It was also submitted that Kumar's wife or anyone fitting the definition of 'victim' was not before Court.Additional Advocate General Deepak Balyan, representing the State of Haryana, also opposed the PIL. "He is resident of Punjab, filing PIL about the issue in UT and involving State of Haryana, which has no role. There has no special circumstances," Balyan added. .When counsel for Chandigarh Police apprised the Court of the allegations in Kumar's suicide note, the Court again expressed a doubt over the charge of abetment of suicide.Ultimately, the Court adjourned the matter as it granted counsel for the petitioner more time to prepare his case..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.