Dingerheri Gang Rape & Double Murder accused apart from Bail seeks action against Police Officers & NGOs responsible for their wrong arrest

Accused arrested by Haryana Police and later on found not involved by CBI in the double murder, gang rape, robbery etc. in the house of a muslim family in Dingerheri (Nuh, Haryana), apart from seeking Bail, by filing an Application through their Advocate Pardeep Rapria have requested the High Court to direct the CBI to investigate the role of the anti-social elements including NGO/s in flaring-up the communal tension in the country; by taking advantage of the commission of offence by some hard-core criminals, ultimately culminating into their false arrest. Accused have also requested the High Court to direct the CBI to investigate the all aspects of conspiracy hatched by Investigating Officers of the Haryana Police and private players; in their false implication. Here is the complete original application: - 

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRM-5036 of 2018

In CRM – M-4702 of 2018

IN THE MATTER OF:-

SANDIP AND OTHERS                             ……….Petitioners

//VERSUS//

CENTRAL BUREAU OF INVESTIGATION     …..Respondent  

Application u/s 482 Cr.P.C. for directions to the C.B.I. to investigate the role of Police Officers of Haryana Police and private players in hatching conspiracy to butcher the Fundamental Rights & Human Rights of the Petitioners; by falsely implicating them in FIR No. 247, Dated 25.08.2016, P.S.- Tauru, District – Nuh, Haryana, under section 302, 376D 325, 326, 396, 397, 459, 460 IPC, Section – 6 POSCO Act and 25, 54, Arms Act, later on re-registered by CBI as FIR No. RC SI 2016 S 0009/CBI/SC-1/NEW DELHI, DATED: 05.12.2016    

RESPECTFULLY SHOWTH:-

1.  That the Petitioners have filed the 2^nd Regular Bail Application (CRM-M-4702 of 2018), posted for hearing on 12^th February, 2018. Therefore, the Petitioners are competent and entitled to file the present Application.

2.  That the contents of the CRM – M-4702 of 2018, hereinafter referred as main petition, may be read as a part and parcel of the present Application, the same are not being repeated here for the sake of brevity.

3.  That the Final Report No.01/2018, Dated: 24/01/2018, under Section 173(8) Cr.P.C (ANNEXURE P-7) of the main petition against the 4 (four) real accused; exculpate the role of Petitioners by scientific evidence.

4.  That even prior to the handing over of the case to the CBI the Forensic Science Laboratory, Haryana, Madhuban, Karnal, had ruled out the role of the Petitioners in the commission of offences by Lie-Detection Test, DNA Test and Finger Print Report. And, no other incriminating article including weapon used in the commission of offence or looted article was recovered from the Petitioners. Above all, the ANNEXURE P-5 of the main petition clearly mentions that even prior to the 20^th September, 2016 the Superintendent of Police, Nuh, had requested the handing over of the case to the CBI  and accordingly vide notification dated 04.10.2016 the Governor of Haryana accorded consent to hand-over the present case to the CBI. Now, it baffles the common human prudence as to how despite fully knowing that the Haryana Govt. Had handed over the investigation to the CBI, the Haryana Police on 21.11.2016 while ignoring the clear scientific evidences in the favour of the Petitioners filed charge-sheet against the Petitioners, which did not contain even the prosecutable evidence. In such situation the observation of Hon’ble Supreme Court in a similar case is very apt which reads: “There is no rule of law that common sense should be put in cold storage”

5.  That as a matter of fact the Petitioners had been arrested on 27/08/2016 and victims of gang rape were asked by Police to identify Petitioners; but they clearly refused to identify them as the perpetrators of crime. However, tragically enough, the Petitioners were formally arrested only on 28/08/2016. And, mysteriously, the whole incident took communal angle and a full press-conference was organised in Delhi, by a lady Shabnam Hashmi, allegedly running an NGO namely ANHAD and the victims of gang-rape made statement in the full glare of media that they were raped for eating beef, which lead to the communal tension among Hindus and Muslims and riot like situation was created. Later on the victims of gang rape indentified the Petitioners in Test Identification Parade. The Petitioners were even declared the members of some Hindu organisations, whereas they have had no connection with any organisation, what to talk about any connection with any religious centric organisation.

6.  That, with due respect to the sentiments of the victim family, the family members of the Petitioners are given to understand in society that after the victim family received money from different sources including from other states like Kerala and for political gains the gruesome crime was given the shape of crime by one religion against another religion.

7.  That the conspiracy to falsely implicate the Petitioners can be gauged from the fact, picked-up from the CBI Report ANNEXURE P-7, that during the course of investigation the victim family members stated that a deceased lady before her death had disclosed the names of accused persons involved in the commission of offence. In order to verify as to whether the deceased victim was medically fit to give any statement prior to her death, the CBI sought the opinion of the Doctors of AIMS and a Medical Board of Doctors in the Department of Forensic Medicine and Toxicology, AIMS opined that, “due to severity of head injuries and neck fracture, the deceased person can not be in condition of sound mind or capability to hold the memory and consciousness and can not be certified medically/mentally fit to give valid legal oral statement”

8.  That the false implication of the Petitioners by Haryana Police in the criminal case of serious nature; including murder, rape, robbery etc. has completely ruined their lives and consequently butchered their all Fundamental Rights and other rights as a human being. Right for a citizen under Article 21 of the Constitution cannot be trampled by a shoddy and improper investigation; actuated by extraneous considerations. It is a case which shows that the Haryana Police has some incompetent or unscrupulous investigators, who are out to damage the whole institution and rule of law, in larger perspective.

PRAYER

It is, therefore, prayed that while keeping in view the peculiar and mysterious facts and circumstances of the case this Hon’ble Court may kindly be pleased to:

(i)          Direct the CBI to investigate all aspects of the conspiracy hatched by Investigating Officers of the Haryana Police and private players; to falsely arrest and implicate the Petitioners in serious offences in FIR No. 247, Dated 25.08.2016, P.S.- Tauru, District – Nuh, Haryana and accordingly prosecute such persons under the relevant provisions of the law.

(ii)        Direct the CBI to investigate the role of the anti-social elements including NGO/s in flaring-up the communal tension in the country; by taking advantage of the commission of offence by some hard-core criminals, ultimately culminating into the false arrest of the Petitioners. Or

(iii)     Pass any other order or direction which may be appropriate in the light of the peculiar facts and circumstances of the present case.

NOTE: No Affidavit is required as the petitioner is in custody in the Central Jail Ambala.

DATED: 08.02.2018        (PARDEEP KUMAR RAPRIA)

PLACE: CHANDIGARH                 ADVOCATE

                                            Counsel for Petitioners