Controversy surrounds appointment of Punjab's new AG

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Controversy surrounds appointment of Punjab's new AG

Saturday, 07 October 2023 | Monika Malik | Chandigarh

The appointment of Gurminder Singh as Punjab’s new Advocate-General has plunged the state into a whirlpool of controversy, with state’s two legislators challenging the wisdom of selecting an advocate who previously represented a “prime accused” in “sensitive” sacrilege cases.

 

Kunwar Vijay Pratap Singh, a former police officer turned AAP MLA; and Partap Singh Bajwa, the Leader of the Opposition in the Punjab Vidhan Sabha, have vehemently criticized the decision. They argued that appointing an advocate, who once defended a key accused in cases related to the 2015 sacrilege incident and the ensuing police firing in Behbal Kalan, is a grave injustice to the pursuit of justice.

 

Gurminder Singh had represented the suspended police officer Paramraj Singh Umranangal in a petition related to the 2015 Behbal Kalan police firing case. In this petition, former DGP Sumedh Saini, IGP Umranangal, and the then Kotkapura SHO Gurdeep Singh, among others, had sought the transfer of the probe to the Central Bureau of Investigation (CBI) and the quashing of the FIR and chargesheet filed by the Punjab government-constituted SIT in the Behbal Kalan police firing case.

 

The case stemmed from the alleged police firing that resulted in the deaths of two protesters in Behbal Kalan, following incidents of sacrilege reported in Bargari and Burj Jawahar Singh Wala villages of Faridkot in 2015. The Punjab and Haryana High Court had disposed of the petition in July 2022, after which Punjab Chief Minister Bhagwant Mann had also hailed the court verdict.

 

Mann had then said: “The verdict has paved the way for the government to seek strict punishment against the policeman accused of firing on innocent protestors at Behbal Kalan. Both the Akalis and Congress have connived with each other to save the guilty in this case.”

 

Political Reactions and Ethical Concerns

 

Gurminder Singh’s appointment has drawn strong reactions from both the Aam Aadmi Party (AAP) and Congress MLAs, who have expressed their reservations about the decision.

 

AAP MLA Kunwar Vijay Partap, closely associated with the investigation into police firing cases as a member of Special Investigation Team (SIT), acknowledged Gurminder Singh’s capabilities but stressed the importance of adhering to principles of natural justice. He argued that representing an accused in cases related to Kotkapura and Behbal Kalan should disqualify an individual from holding the position of Advocate-General.

 

Congress MLA Partap Singh Bajwa emphasized the need to consider the sensitivity and religious sentiments of the people of Punjab. He argued that appointing someone who had represented the prime accused in these cases could compromise the pursuit of justice. Accusations of hypocrisy have also emerged, with Bajwa alleging that AAP's actions contradict their earlier stance on similar appointments during the Congress party's government. He accused AAP of favoring political interests over justice in the police firing cases.

 

“I agree with my MLA colleague @Kvijaypratap on the fact that keeping with principles of natural justice, Gurminder Singh should not have been appointed as the AG of Punjab…He is no doubt a capable and honourable lawyer, but for a government looking to bring justice and closure to the Kotkapura & Behbal Kalan cases, one who represented the prime accused should not have been made the AG of Punjab, taking in consideration the sensitivity and religious sentiments of the People of Punjab,” he said, in a post on X (formerly Twitter).

 

State’s History of Controversial Appointments

 

This is not the first time such a controversy has erupted over the appointment of an Advocate-General in Punjab. Three out of six Punjab AGs appointed since 2017 have represented accused in 2015 police firing cases.

 

The appointment of APS Deol as AG during the Congress Government in 2021 had also sparked a similar debate. Deol had previously represented former Punjab DGP Saini, accused in the 2015 police firing cases.

 

At that time, AAP had vehemently opposed Deol's appointment, alleging a conspiracy to deny justice in sacrilege cases. The then Leader of Opposition Harpal Singh Cheema, who is now the Finance Minister, had stated that legal ethics do not allow a lawyer, who is first fighting the case on behalf of the accused, to be able to fight against the accused on behalf of the government.

 

Outgoing AG Vinod Ghai’s appointment had also sparked similar sentiments. Ghai had not only represented Saini in the past but also rape and murder convict Gurmeet Ram Rahim, who himself is accused in the 2015 sacrilege case. Ghai was also a counsel for Congress’ former minister Bharat Bhushan Ashu, who is being probed by the Vigilance Bureau in a case of alleged “irregularities” to the tune of Rs 2000 crore in grain-lifting tenders when AAP appointed him last year while dodging the questions the party raised on Deol’s appointment.

 

The recent appointment of Gurminder Singh as Advocate-General has reignited concerns over impartiality and justice in sensitive cases that have long haunted Punjab's political landscape.

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