CWP No. 12954 of 2008. *** Sarabjit Singh Vs. State of Punjab and ors. *** Present: Shri R.S.Bains, Advocate, for the petitioner. Shri R.K.Chopra, Advocate, with Shri Maninder Advocate, for respondent No.4. Shri Rupinder Khosla, Addl: A.G.Punjab. *** This petition has been filed in public interest. It prays for a direction to the respondents 1 to 3 to conduct a comprehensive investigation into the murder of Shashi Bhushan and Deepak Mangla students of a College in Amritsar by an independent agency. The petitioner's grievance in the petition appears to be that despite registration of two murder cases one in FIR No. 423 dated 22.08.2007 and the other in FIR No.243 dated 19.06.2009 under Sections 302 read with Section 34 of the Indian Penal Code, at Police Station Civil Lines, Amritsar, the respondents have not taken any steps to effectively investigate the cases and bring the culprits to book. The further case of the petitioner is that the agency investigating the cases is soft pedaling the proceedings on accounts of the clout of some influential people who are according to the petitioner responsible for the said incidents. Mr. Bains, learned counsel, appearing for the petitioner argued that although two years have elapsed since FIR No. 423 dated 22.08.2007 was registered in connection with the murder of Shri Shahshi Bhushan, nothing has been found out by the investigating agency. Similarly, in the case relating to the murder of Shri Mangla no FIR was registered till June, 2009. Investigation conducted in connection with the said case has not disclosed any worth-while progress nor has the investigating officer arrested any persons responsible for the same. It is submitted by him that the neglect and the failure of the State Police authorities to properly and effectively investigate the two cases in which some influential people may -2- CWP No. 12954 of 2008. be involved makes these cases exceptional for transfer of the same to some agency outside the Punjab State police force. When the petition earlier came up before us on July 17, 2009, Mr. Khosla, learned Additional Advocate General appearing for the State of Punjab sought time to verify whether the investigation of the two cases mentioned above had been concluded and if so by whom and also whether there was any proposal for transferring the investigation to any other agency. On July 21, 2009 when the matter appeared again, Mr. Khosla brought to our noticed an order passed by Additional Director General,Crime Branch constituting a Special Investigating Team headed by Ms. Gurpreet Deol, DIG, Border Range, Amritsar. He however submitted that the issue is being examined by the Director General of Police, Punjab himself who may pass a separate and independent order on the subject. Mr. Khosla has today filed a copy of an order dated July 24, 2009 passed by the Director General of Police, Punjab, Chandigarh. A reading of the said order shows that the investigation of the two cases mentioned above has been transferred by the Director General to Ms. Gurpreet Kaur Deol, IPS, DIG Border Range, Amritsar with a direction that she shall personally conduct the investigation in these cases by forming a ''Special Team'' comprising officers of her choice. It was submitted by Mr. Khosla that in the light of the said order which now hands over the investigation of the two cases to a ''Special Investigation Team'' headed by a senior IPS Officer of the Rank of DIG, there is no room for assuming that the State police authorities do not have the will to conclude the investigation. He further argued that the question of transferring the investigation to any agency outside Punjab like the CBI established under the Police Establishment Act, does not for the present arise. The matter can however be reagitated in case at any stage it is found that the Special Investigating Team -3- CWP No. 12954 of 2008. constituted by the Director General of Police has also made no headway in cracking the two cases. We find considerable merit in the submissions made by Mr. Khosla. Since, the Director General of Police has assigned the investigation in question to a senior IPS Officer, with liberty to her to constitute a special investigating team comprising officers of her own choice, we see no reason why the SIT so constituted should not be given a chance to take up the investigation and conclude the same expeditiously. The apprehension of Mr. Bains that the special investigating team may also not be able to make any progress, is at this stage, premature. All that we need say is that in case the special investigating team also makes no headway, the petitioner shall be free to seek intervention of this Court for transfer of the cases to some other agency. In the result we dismiss this writ petition with the direction that the investigation into the two FIRs mentioned above shall be conducted and completed by the special investigating team headed by Ms.Gurpreet Kaur Deol, IPS, DIG Border Range, Amritsar expeditiously as far as possible within a period of six months from today. Liberty is given to the petitioner to reagitate the matter if the SIT also makes no headway. No costs. (T.S.Thakur) Chief Justice (Kanwaljit Singh Ahluwalia) Judge July 28, 2009. Malik