Punjab & Haryana High Court grants anticipatory bail to Sukhbir Singh Badal in Kotkapura police firing case

The Punjab & Haryana High Court on Friday granted anticipatory bail to Shiromani Akali Dal leader and former Deputy Chief Minister of Punjab Sukhbir Singh Badal and others in connection with the Kotkapura police firing case [Sukhbir Singh Badal v. State of Punjab]..The case involves allegations that Badal and other accused (including senior police officials) were part of a conspiracy that led to the police firing on protestors at Kotkapura and Behbal Kalan in 2015. .Justice Anoop Chitkara said that while the magnitude of crime in the case was “undoubtedly massive”, the evidence against Badal and others appeared to be based on “presumptions” that they were involved in the conspiracy. He observed that the evidence on the motive for committing the crime was also prima facie lacking. “It is not the case of the SIT that any accused was spearheading any campaign to hurt the religious feelings of the Sikh community and other people who have immense faith in Sikhism,” the order stated..The Court further opined that it could not presume the existence of any conspiracy, and that it was for the prosecution to prove the same during trial.It proceeded to grant pre-arrest bail to Badal and five others including the then Director General of Police (DGP) Sumed Singh Saini and then Ludhiana Commissioner of Police Paramraj Singh Umrangal..In 2015, the police opened fire on people protesting against the incidents of sacrilege in Punjab’s Faridkot district. A Special Investigation Team (SIT) concluded that the indiscriminate firing on protestors at Kotkapura Chowk was a result of a conspiracy among the then Chief Minister, the late Parkash Singh Badal, Sukhbir Singh Badal, who was then the Home Minister, and senior police officers.The Court, however, noted that despite concluding that there was a prima facie case against the accused, the SIT chose not to arrest them and filed a police report directly. “If the State was interested in arresting the petitioners during the pendency of the trial, then nothing could have stopped them from doing so because, till that time, the petitioners had no favorable order, including any interim order."The Court further noted that the SIT had already concluded the investigation and did not require interrogation of the accused-bail applicants. It, therefore, granted anticipatory bail to the accused subject to various terms and conditions..Senior Advocate RS Cheema and Advocates AS Cheema, DS Sobti and Satish Sharma represented Sukhbir Singh Badal.Advocates SPS Sidhu, Sarbuland Mann, Sangram Saron and Madhaurao Rajwade represented other accused.Additional Advocate General Gaurav Garg Dhuriwala represented the State. Advocate Iman Singh Khara represented the complainant..[Read Order]