Ex-DGP Saini can’t be probed, held till Punjab polls in cases pending, likely to be registered

The Punjab and Haryana High Court on Friday stayed the arrest of former Punjab DGP Sumedh Singh Saini in all instances pending towards him, or prone to be registered, until meeting elections in Punjab slated to be held in February subsequent 12 months. The court docket additionally stayed additional investigation in all of the FIRs pending towards Saini, with one exception – the Balwant Singh Multani homicide case which is pending sooner than the Supreme Court.

A bench of Justice Arvind Singh Sangwan, whilst issuing granting bail to the previous most sensible cop, noticed that “the involvement of petitioner in multiple cases can be a political ploy in the wake of coming state legislative Assembly general elections”.

The court docket, exempted Saini from non-public look until February 2022 sooner than any court docket the place any trial is pending towards him however directed him to not depart the rustic with out prior permission.

The orders got here on a plea filed by way of Saini in 2018 by which he had sought handy over the investigation of any subject registered towards him to the Central Bureau of Investigation or some other impartial company outdoor Punjab. Saini, in his plea, had mentioned that he’s nervous about being falsely implicated in prison instances because of malice and ulterior motives on a part of the political celebration in energy within the state.

Saini, via his recommend – senior advocates APS Deol and Vinod Ghai assisted by way of advocates HS Deol and HS Oberoi – had additionally sought instructions to the Punjab executive to stay any proposal for arresting him in any prison subject, in abeyance for a selected length in order that he may search recourse to his criminal therapies.

Saini’s attorneys argued that within the wake of the Punjab Assembly elections, due in February 2022, the previous DGP may well be focused. The petitioner, they mentioned, even feared that sooner than the elections are held subsequent 12 months, the state executive would possibly undertake unlawful how one can arrest him by way of bringing up his identify in several instances.

Notably, the Punjab vigilance bureau division on August 18 had arrested the previous DGP in an alleged corruption case. The investigating officer within the case had then mentioned that he was once no longer happy with Saini’s replies within the case as a explanation why for placing him below arrest. An afternoon later, the top court docket, whilst terming the arrest “as illegal and in violation of earlier court orders”, had granted him bail and ordered his free up.

During the listening to on Friday, Special Public Prosecutor SS Narula contended that an software were moved by way of the state looking for elimination of anticipatory bail for Saini in some other FIR at the flooring that he had failed to satisfy the duty of coming to the police station. He added {that a} realize were issued by way of the HC in the similar case.

Senior Advocate, Sumeet Goel, representing the CBI, submitted that this was once no longer a case that can be referred to the central company as in line with tips of the Supreme Court.

Before entering the detailed information of the case in his judgment, Justice Sangwan first cited a tale from the Panchtantra to spotlight the “evolution of legal jurisprudence in India.”

“I find merit in the submissions made by senior counsel for the petitioner that his [Saini’s] involvement in multiple cases can be a political ploy in wake of the coming Punjab Assembly elections. I am also conspicuous of the dare shown by the Punjab Police officials in trying to overreach the court as noticed above which is also a circumstance to be considered about the nature and quality of investigation being conducted in the FIRs,” Justice Sangwan mentioned.

“Considering it to be a case of exceptional circumstances and hardship being caused to the petitioner by the state of Punjab (on political grounds), there will be a clear stay for the arrest of petitioner in all cases pending or likely to be registered or registered or where he is sought to be implicated in the aid of Section 120 B IPC (conspiracy),” he added.

“The only exception would be FIR No. 77, where the matter is pending before the Honourable Supreme Court,” the court docket dominated.

This pertains to the disappearance and homicide case of junior engineer B S Multani in 1991 during which the Supreme Court had granted anticipatory bail to Saini.

The court docket additionally stayed carrying out additional investigation in all of the FIRs pending towards Saini.

“Attempts are made to arrest Saini in the aid of Section 120 B IPC as even in the previous FIRs where such attempts are made and the petitioner had to file repeated petitions before this court,” the pass judgement on wrote in his 46-page order.

The case will now arise for listening to on December 13.

Saini has been dealing with 4 instances, together with forgery and dishonest.

With story from Panch Tantra, HC bench main points ‘evolution of legal jurisprudence in India’

To outline how criminal machine in India works, the Bench of Justice Arvind Singh Sangwan, whilst granting blanket bail to former DGP Sumedh Singh Saini Friday, referred to a tale from the Panch Tantra referring to “evolution of legal jurisprudence in India.”

“Once upon a time, in a kingdom, an Ape (monkey) intruded into village population. The whole village including young, old, educated and uneducated gathered to shunt him out. The poor Ape climbed a tall tree, as the crowd gathered, the Ape has no idea as to what offence he has committed that everyone is running after his life. In the meantime, the village Sarpanch carrying a stick (symbol of authority) came there and looking at the crowd and hearing their noise, enquired about the matter. A man came out of the crowd and said I am Lambardar (Headman) appointed by the King to shunt the Ape out of the village. The Sarpanch politely asked him as to what is the matter and why you want to shunt him out. The Lambardar (Headman) said I am the representative of King and you have no business to ask me. The Sarpanch again asked “you all are on one side?”. The entire crowd mentioned ‘Yes’, the Sarpanch once more requested then who’s at the aspect of Ape, there was once a pin drop silence. The Lambardar (Headman) mentioned that how do you are expecting any person to be at the aspect of the Ape. The Sarpanch smiled, raised his stick (image of authority) and mentioned that is injustice, I stand for the Ape and won’t assist you to shunt him out except you give believable causes.”

Justice Sangwan additional mentioned, “This is how the legal system in India work where the Court follows, the principal of ‘audi alteram partem’, i.e. nobody should be condemned unheard. The plight of the petitioner appears to be similar to the story as this Court protected the right of the petitioner by passing various orders, which will be referred in later part of this order.”

Source link

Leave a Comment