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Supreme Court Upholds Murder Charges Against Punjab Police in 2015 Fake Encounter

By rejecting official duty immunity, the ruling clears the way for trial of nine officers accused of the killing

The conduct of police personnel surrounding a civilian vehicle in plain clothes and jointly firing upon its occupant cannot be considered under duties of public order or effecting lawful arrest, the Supreme Court has said, dismissing a plea of nine Punjab cops to quash murder charges against them in an alleged fake encounter case. (Shutterstock/ Representational image)

Overview

  • The Supreme Court dismissed the plea of nine Punjab police personnel to quash murder charges over the 2015 killing of driver Mukhjit Singh in Amritsar.
  • The bench of Justices Vikram Nath and Sandeep Mehta ruled that plainclothes officers firing on a civilian vehicle fall outside the scope of official duty.
  • The decision revived the charge of destruction of evidence against then-DCP Parampal Singh, who was accused of ordering the removal of the victim’s car number plate.
  • The court held that no prior sanction under Section 197 of the Criminal Procedure Code is required to prosecute public servants for acts not connected to their lawful functions.
  • Investigative findings, including an SIT report that debunked a self-defence claim and CCTV footage showing three police vehicles converging on the car, underpin the case’s progression to trial.