The Punjab and Haryana High Court on Monday dismissed a plea filed by Dera Saccha Sauda follower and one of the accused in the sacrilege cases in Punjab against the special investigation team (SIT) taking handwriting samples in relation to the case. With this, the stay granted by the HC on SIT submitting charge-sheet in these cases has also been vacated.
Justice Harnaresh Singh Gill passed these orders while dismissing the plea filed by Sukjinder Singh alias Sunny. The petitioner had challenged the June 8,2021, order passed by Judicial Magistrate, First Class (JMIC), Faridkot, whereby an application moved by him objection to the comparison of the handwriting samples with those present on alleged posters, was dismissed. His counsel submitted that the investigation conducted by the CBI in the sacrilege case still holds good and the same must be taken into consideration by the now constituted SIT.
Earlier, the petitioner’s handwriting samples obtained by the CBI and sent to the CFSL, Delhi, for comparison with those on incriminating posters did not match. “Having already ordained such a course it is not open to the prosecution to repeat at the same course of action. Such would amount to re-investigation, which the prosecution is not legally allowed to do and what the prosecution could do in the matter,” the petitioner had submitted.
Opposing the plea, the counsel for the Punjab government argued that the prosecution agency is bound to collect the evidence to reach a logical conclusion and there cannot be any prohibition or restraint against it. The necessity to obtain in the handwriting samples of the petitioner again has arisen as the earlier samples were not taken properly were not taken with ‘Marker’.
“Accused could not show as to what prejudiced is caused to the rights of the petitioner by objecting to the obtaining his handwriting samples and sending them comparison. Rather, by raising objection, mid-way investigation, the petitioner his pre-empting his guilt,” The HC observed in its detail order.
More info on 99888-17966.