:dateline:Senior Advocate Harvinder Singh Phoolka has written a letter to the Punjab CM Captain Amarinder Singh seeking registration of a case against the former Khanna SHO Baljinder Singh under POCSO act. Notably, SHO Baljinder Singh had shot a nude video of an Amritdhari Sikh Jagpal Singh Jogi, his minor son and a servant after arresting them in a land dispute with a Congress leader.
The POCSO (Protection of Children from Sexual Offences) Act was established in 2012 to protect the children against offences like sexual abuse, sexual harassment and pornography. It was formed to provide a child-friendly system for trial underneath which the perpetrators could be punished.
HS Phoolka has sought invoking of POCSO as Jagpal Singh Jogi�s minor son was stripped in Police station by SHO Baljinder Singh on 12-06-2019.
Read the full excerpt of HS Phoolka�s letter to Captain Amarinder Singh:
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Capt. Amarinder Singh
Chief Minister, Punjab
Sector-1, Central Secretariat (Punjab)
Chandigarh
Subject: Failure of Police to register case for stripping of a minor and his Amritdhari Sikh father by Police under pressure of a Congress leader
Sir
This is to bring to your kind attention that on 18.04.2020, Punjab police initiated a department inquiry and ordered immediate transfer of SHO Khanna, Inspector Baljinder Singh, who was accused of allegedly stripping three persons including a minor in his police station last year. But no FIR is registered though the offence is under POCSO Act for stripping a minor in which, under the law Speedy trial is held by the Special Court.
The said incident took place on 12.06.2019, regarding a property dispute between Jagpal Singh and a Congress leader Jagbir Singh@ Rubal Singh. Under the pressure of Congress leader, SHO illegally detained Jagpal Singh, his minor son (who was 15-year-old at that time) and their worker Jaswant Singh (Schedule Caste). In the presence of the Congress leader and under his pressure, the SHO stripped naked the minor, his father and the Schedule Caste worker. They were kept in the lock up fully naked and were badly tortured, as a result of the torture, Jaspal Singh is not even able to walk properly today.
Jagpal Singh through his lawyer Gurninder Singh Brar filed a Complaint before DGP for registration of FIR against Baljinder Singh and Jagbir Singh @ Rubal Singh. Inquiry against the said FIR was marked by DGP to IGP Ludhiana who found that the allegations are prima facie correct. On the basis of this, DGP transferred the SHO and ordered disciplinary proceedings. However, the FIR on the basis of complaint of Jagpal Singh is still not registered. Mr Gurninder Singh Brar, the Advocate of Jagpal Singh has told me that during the inquiry a constable had deposed that video was made from his phone by the SHO. The said video had gone viral on social media.
Sir, such a serious incident and stripping off a minor and insult of Sikh tenets of Amrithdari Sikhs took place and the allegations were found prima facie correct, but I am surprised that till today the culprits have not been arrested and the case has not been registered against them. The offences are non-bailable and are of serious nature. The offence is very grave under the POCSO Act, Schedule Caste Act as well as under the various provisions of IPC.
It appears that the Police is not taking action because the culprit Jagbir Singh@ Rubal Singh is a Congress Councillor and Ex-President of Municipal Council.
Sir, these kinds of an incident give a bad name to the Police as well as to the whole Administration. I earnestly request you to immediately look into the matter and order an inquiry that why FIR has not been registered and why the culprits are not arrested.
Thanking You,
H S Phoolka
Senior Advocate
