The Supreme Court on Monday deplored the conduct of officers of the Punjab police accused of assaulting a Colonel over a parking dispute, reminding the police personnel that they are sleeping peacefully" in their house because the Army is serving at the border and asked them to show some respect.
"Have respect for Army people. You are sleeping peacefully in your house because the Army is serving at the border at -40 degrees(Celsius)," the court said, dismissing an appeal by the accused officers against the order of the Punjab and Haryana high court transferring to the Central Bureau of Investigation the probe into the assault case.
The alleged incident took place on the intervening night of March 13 and 14 this year when Colonel Pushpinder Singh Bath and his son were eating at a roadside dhaba (eatery) in Patiala.
Refusing to interfere with the high court direction on July 16 transferring the probe to the CBI, a bench of Justices Sanjay Kumar and Satish Chandra Sharma observed it has passed a well-reasoned order.
When the war is going on, you glorify these army officers. Your SSP says, I am unable to arrest them in spite of rejection of anticipatory bail because they are police officers.
Justice Sharma observed, "No legal arguments, nothing is there. Your bail was dismissed, they are roaming freely and they have not been arrested."
"This kind of lawlessness is not acceptable. We are going to dismiss this appeal with heavy cost. Let the CBI look into this. They(Army) go and defend you and they come back wrapped in a national flag," Justice Sharma added.
At this juncture, Justice Kumar remarked, "If you have nothing to hide, why do you feel shy of independent inquiry?"
Advocate Sumeer Sodhi appeared for Colonel Bath in the matter.
The high court directive for a CBI probe came two days after it reprimanded the Chandigarh Police over its probe into the assault case.
On April 3, the high court marked the probe into the assault case to the Chandigarh Police and directed it to complete the investigation within four months.
The petitioner submitted that the Chandigarh police "failed" to conduct a free and fair investigation in the case.
The investigation was being conducted by a special investigation team, led by Chandigarh Superintendent of Police Manjeet Sheoran.
"The investigation of the instant case was transferred to the Chandigarh Police on April 3, 2025, and it is being stated with utmost disappointment that even despite a lapse of more than three-and-a-half months of the registration of the FIR and lapse of three months since the investigation has been handed over to Chandigarh Police, neither a single accused has been arrested so far, nor any accused has been associated with the investigation," the petition had submitted.
"Moreover, the contention of the petitioner regarding any conscious effort on the part of the investigating agency can be cemented from the fact that no non-bailable warrant, no PO (proclaimed offender) proceeding or any other legal proceeding which would be indicative of some conscious and sincere effort, has been initiated on the part of the concerned Investigating agency," it submitted.
Colonel Bath has accused 12 Punjab police personnel of assaulting him and his son over the parking dispute and sought transfer of the probe to an independent agency, preferably the CBI.
He alleged that four inspector-rank officers of Punjab Police and their armed subordinates attacked him and his son without provocation, snatched his ID card and cell phone, and threatened him with a "fake encounter" -- all in public view and under CCTV camera coverage.
Before the probe was handed over to the Chandigarh Police, Bath alleged that a fair investigation was impossible under Punjab Police.