Violent Incidents Against State Functionaries By Mobs Poses Threat To Social Fabric: Punjab & Haryana HC Dismisses Bail Plea Of Shiromani Akali Dal Members Accused Of Attacking Police Station

The Punjab And Haryana High Court dismissed bail applications filed by members of the Shiromani Akali Dal accused of attacking a police station to get their associates released from custody. 

The Court observed that the surge in violent incidents against state functionaries by mobs poses a serious threat to the social fabric of society. The Court noted that the Petitioners were part of a mob of around 200-250 people armed with deadly weapons and attacked the police station to get one of their associates released from custody.

The Bench of Justice Kuldeep Tiwari observed, “Considering the hereinabove made discussion, especially the surge in violent incidents, specially against the State functionaries, by mobs, which indeed pose threat not only to social fabric of the society, but also to the law enforcement agencies, this Court finds no merit in the instant petitions and is impelled to dismiss the same”.

Advocate Simranjit Singh appeared for the Petitioners and Additional Attorney General Sandeep appeared for the Respondent/State.

Two Petitions were filed seeking to quash an FIR filed under Sections 307, 353, 186, 332, 333, 506, 120-B, 427, 148, and 149 of the Indian Penal Code, 1860 (IPC) against certain members of Shiromani Akali Dal. The Petitioners contended that they were falsely entangled in the FIR at the behest of the ruling party, with a malafide intention to build a criminal record against them. The Petitioners contended that the involvement of the ruling party was apparent from the fact that despite their bounden duty to maintain law and order, they intentionally allowed the procession.

The Court noted that the Petitioners were part of a mob of 200-250 people who were armed with deadly weapons. The mob attacked the police station to get one of their associates released from custody. The Petitioners were arrested after their mobile phone locations were tracked to the scene of the crime.

Furthermore, the Court noted that the Petitioners were also seen in pictures and videos carrying kirpans. The Petitioners have been charged with several serious offenses, including rioting, assault, and vandalism.

The Bench observed, “The “show of strength” by mobsters herein, thereby leading to the present violent act, depicts that the mobsters, including the petitioners, consider themselves above the “Rule of Law” and throw challenge to the sovereignty and integrity of the State. Besides this, they also exhibit their future intentions to take law into their own hands, just to achieve their own sense of justice, if they disconcur with any act of government authority(ies) established under law”.

Additionally, the Court observed that it cannot ignore the serious situation in Punjab and must consider the suffering of the common man. The Court added that it would be unjust to grant bail to the Petitioners despite the serious allegations against them. The case must be handled with the seriousness it deserves, or else the public's trust in the law will erode.

Accordingly, the Court dismissed the Petitions.

Cause Title: Jagdish Singh v State Of Punjab (2023:PHHC:139332)

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