Witness Protection: Letter to Chief Justice High Court Chandigarh

Victim’s brother writes to CJI, seeks protection to witnesses.

The Criminal Justice system is highly dependent on the testimony of witnesses to finalize the charges against a criminal who broke the law. Some cases are solely dependent on witnesses and criminals can be acquitted without statements by witnesses. The witnesses are only doing their duty to put criminals behind bars, but why should they testify if their life is in imminent danger?

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News Article States

Kishan Bhagwan Singh died in a police firing incident that happened in Behbal Kalan in 2015, his brother, Resham Singh wrote a letter to Chief Justice of India (CJI) Sharad Arvind Bobde requesting for the witnesses involved in that case be provided protection by the police.The Special Investigation Team (SIT) probed the firing incident and recorded Resham Singh’s statement in the investigation. Resham also request the courts conduct inquiries separately; into the FIR number 130 of October 2015 at Bajakhana Police Station.

Resham claimed that multiple police officers from a Moga police station had fired at a Sikh Protest in front of him. All the officers were registered in the FIR in 2015 during the SAD-BJP Governement reign. Resham made serious allegations stating that political influence was persuading the SIT to remove some of the police officers involved in the FIR’s names to be removed from the case, as they are relatives of Cabinet Minister Tript Rajinder Singh Bajwa. A Police vehicle (Gypsy) with fabricated bullet holes were not named as accused in the case, now is involved.

Resham told Hindustan Times, in 2018, after being attacked for being a witness, he filed an FIR for that incident but nothing is being done about it. Another witness, Surjit Singh (deceased) was also attacked. Resham has no relation to any person in the firing case and wants to help the government convict anyone guilty in the case by testifying as need be.

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Legal Stand Point:

                Instead of filing an FIR against the police, and letting the FIR filing police reach the accused police officers, like most of Punjab Districts, they are congenial. The accusing police officers were pre-warned before a case could go to court and able to help each other out. The accused officers abused their own power and fabricated evidence which would further help them look innocent.

                Resham Singh should of called the 100 number, and multiple government hotlines, raising awareness amongst interstate officials, so the matter is not easily set to rest. Since different police in different states have a competition amongst each other, they are not easily bribed, especially when Central government is involved. May be police officers do not hesitate to do their duty when superior officers are demanding immediate action.

                There definitely is a problem of corruption in India when it comes to complaints. When police officers believe the case can benefit their Merit, and Office status, the case is forward upward toward the court system. On the other side of the fence, when the police officers are guilty, police officers have the discretion at hand to manipulate the evidence in front of them.

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For case specific advice, one may contact best/top/expert Punjab Haryana High Court Chandigarh Lawyers in Chandigarh Panchkula Mohali.

This post is written by Arun Rana.

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