Saurabh Malik
Tribune News Service
Chandigarh, September 10
In a major embarrassment for the Punjab government, the Punjab and Haryana High Court on Friday ruled that Punjab’s former police chief Sumedh Singh Saini’s involvement in multiple cases could be a “political ploy in wake of the coming State legislative assembly general elections”. The assertion came as the High Court ordered a clear stay not only on the investigation in all the cases against him, but also on his arrest in all the registered or likely to be registered cases.
The order would remain in force at least till the general election in the state February next onwards. Justice Arvind Singh Sangwan asserted he was conspicuous of the dare shown by the Punjab Police officials in trying to overreach the Court, which was also a circumstance to be considered about the nature and quality of investigation being conducted by the Punjab Police in the FIRs.
In his 46-page judgment, Justice Sangwan asserted the order was being passed considering it to be a case of exceptional circumstances and hardship being caused to the petitioner by the State of Punjab on political grounds.
Elaborating on the directions, Justice Sangwan asserted there would be a clear stay on his arrest in all cases pending, likely to be registered, or registered, along with matters where he was sought to be implicated “in the aid of Section 120-B of the IPC (conspiracy)”. The only exception would be the Multani case, where the matter was pending before the Supreme Court
Justice Sangwan added there would also be a clear stay on conducting further investigation in all the FIRs pending against the petitioner as attempts were made to arrest him for conspiracy in the aid of Section 120-B of the IPC. In the previous FIRs, such attempts were made and the petitioner had to file repeated petitions before the High Court.
Justice Sangwan added there would also be a clear stay on conducting or pursuing any other investigation, including by any commission appointed by the State, till February 2022. Saini’s personal appearance before Courts where any trial was pending would also remain exempted till then on moving an appropriate application
Saini, too, was directed not to leave the country without the High Court’s prior permission till then. The case will now come up for hearing on December 13. He was, among other things, seeking directions to the State of Punjab to handover the investigation in any matter registered against him to the Central Bureau of Investigation or to any other independent agency outside the State of Punjab. His counsel, senior advocate APS Deol and H.S. Deol, contended the petitioner apprehended false implication in criminal cases on account of malice, mala fides and ulterior motives on the part of the political party in power in the State.
HC stays ex-Punjab DGP Sumedh Saini's arrest in all cases till February 2022
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