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2023 DIGILAW 2007 (PNJ)

Jagdish Singh Bholla v. State of Punjab

2023-06-16

AMAN CHAUDHARY, MAHABIR SINGH SINDHU

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JUDGMENT Mahabir Singh Sindhu, J. Applications for grant of interim bail to the applicant/appellant for a period of 15 days on account of performing the last Rites/Bhog Ceremonies of his mother, who passed away on 08.06.2023. 2. Learned Senior Counsel contends that applicant/appellant is a convict and undergoing sentence imposed under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') for a period of 10/12 years, respectively. However, due to mounting arrears of cases, the matters could not be heard and decided on merits despite the fact that he has already undergone sufficient period of incarceration. Learned Senior Counsel, while making reference to para 5 of the applications, further contends that last Rites/Bhog Ceremonies of the mother of applicant/appellant shall commence from today on-wards up-till 19.06.2023 in the following manner:- (a) Akhand Path from 16.06.2023 (Friday) till 18.06.2023 i.e. Sunday (Bhog Ceremonies); (b) the ashes would be immersed in the holy water at Gurudwara Patalipuri Sahib, Sri Kiratpur Sahib on 19.06.2023 i.e. Monday in the early morning (Amrit Vela). 3. Notice of the applications to the non-applicant/respondent-State. 4. Ms. Monika Jalota, Sr. DAG, Punjab, who is present in Court, accepts notice on behalf of the non-applicant/respondent-State and after obtaining instructions from Sub Inspector Mohan Singh, Police Station Banur opposed the prayer on following counts:- (i) to verify the actual date for last Rites/Bhog Ceremonies; (ii) applicant/appellant is a habitual offender; (iii) he has been convicted in two cases under the NDPS Act and there are other criminal cases pending against him. 5. Heard learned Counsel for the parties and perused the paper-books along with applications. 6. There is no dispute that mother of the applicant/appellant died on 08.06.2023. In order to substantiate her last Rites/Bhog Ceremonies, a copy of Resolution dated 11.06.2023, passed by the Gram Panchayat Rai Ke Kalan (Bathinda), is on record as A-2 and relevant part of the same reads as under:- "The last rites/ceremonies of Sardarni Baltej Kaur, mother of Jagdish Singh Bhola are as under:- After the cremation of Mata Ji, as per Sikh religion and rites, on 16.06.2023 i.e. Friday, the Shri Akhand Path Sahib shall commence and on 18.06.2023 i.e. Sunday, afternoon the Bhog shall take place. Soon after the Bhog, the ashes of the mother shall be taken to Gurudwara Patalipuri Sahib, Sri Kiratpur Sahib for immersion in holy water and on 19.6.2023 i.e. Monday in the early morning (Amrit Vela), the same shall be immersed in the holy water where-after the family/entourage will return to Village Rai Ke Kalan." 7. After going through the above extract, there is no reason to deny the contention on behalf of applicant/appellant regarding the respective dates for performing the last Rites/Bhog Ceremonies of his mother. Moreover, there is no written response by the State of Punjab; nor any Official/Officer has come present from the Central Jail Kapurthala; where applicant/appellant is lodged at present, to controvert the averments made in the applications as well as the Resolution, noticed here-in-above. Hence, the first objection, raised by learned State Counsel, regarding dates for performing last Rites/Bhog Ceremonies of the mother of applicant/appellant is hereby rejected. 8. No doubt, the applicant/appellant is a convict in two cases under the NDPS Act and he is also facing other criminal cases; but in the opinion of this Court, there would be no justification to deny him the right, coupled with an obligation to perform the last Rites of his mother, being the only son in such a scenario. Consequently, remaining two objections raised by learned State Counsel are also rejected. 9. In view of the discussion made here-in-above, the applicant/appellant is allowed to attend the last Rites/Bhog Ceremonies of his mother, in custody, with the following directions:- (1) Principal Secretary, Department of Home Affairs and Justice, Govt. Consequently, remaining two objections raised by learned State Counsel are also rejected. 9. In view of the discussion made here-in-above, the applicant/appellant is allowed to attend the last Rites/Bhog Ceremonies of his mother, in custody, with the following directions:- (1) Principal Secretary, Department of Home Affairs and Justice, Govt. of Punjab shall ensure that a Special Team is constituted for the above purpose and in order to avoid any complication, at least two of its Members would be IPS Officers (one male + one female); (2) Applicant/appellant shall be taken to his native place i.e. Village Rai Ke Kalan on 17.06.2023 to attend the Bhog Ceremonies from 11:00 AM to 1:00 PM and thereafter, he be lodged in Central Jail, Bathinda, forthwith; (3) On 18.06.2023, applicant/appellant shall again be brought back to his native place for attending the Bhog Ceremonies at 12 O'clock uptill 2:00 PM and thereafter, he be lodged in Central Jail, Ropar being near to Sri Kiratpur Sahib; (4) On the next date i.e. 19.06.2023, he be taken to perform the remaining Ceremonies from 7:00 AM to 08:00 AM at Gurudwara Patalipuri Sahib, Sri Kiratpur Sahib and thereafter, be lodged in Central Jail, Kapurthala, finally. 10. It is clarified that while on the way; as well as during stay of the applicant/appellant in his native Village and Gururdwara Patalipuri Sahib, Sri Kiratpur Sahib during the aforesaid period, it would be the sole responsibility of the Special Team for his care & custody; and the moment, he is lodged in the Jail(s) i.e. Bathinda, Ropar & Kapurthala, as the case may be, the Jail Authorities concerned shall be responsible in this regard. 11. Also clarified that Deputy Commissioner(s)-cum-District Magistrate(s), Bathinda, Ropar & Kapurthala shall fully cooperate inter se as well as with the Special Team for compliance of this order. 12. Further made it clear that in order to maintain law and order situation, if the occasion so arises, the senior most IPS Officer from the Special Team shall take all possible necessary step(s) as per his/her best judgement. 13. Copy of this order be transmitted to all concerned, forthwith, through electronic mode and they be also informed telephonically by the Registry. 14. Compliance report be sent to this Court by the quarter concerned at the earliest. 15. Both the applications stand disposed off. 16. Photocopy of this order be placed on the connected case.