Chandigarh, August 3
TThe Punjab and Haryana High Court today directed the issuance of a week’s notice, if former DGP Sumedh Singh Saini was sought to be arrested in the Kotkapura police firing case registered three years ago. Justice Avneesh Jhingan’s order paves way for Saini “to have recourse to remedies available to him”.
Saini had moved the High Court against the state through senior counsel APS Deol with advocate HS Deol for anticipatory bail in the FIR for attempt to murder, disappearance of evidence and other offences registered on August 7, 2018, under various Sections of the IPC and the provisions of the Arms Act, 1959, at the Kotkapura police station city in Faridkot.
Appearing before Justice Jhingan’s Bench, Deol submitted Saini had apprehended arrest on being summoned for March 26 by the Court of Faridkot Judicial Magistrate First Class on presentation of fourth supplementary report under Section 173(8) of the CrPC.
Justice Jhingan took note of the state counsel’s submissions that a new SIT was constituted after the HC in April set aside the chargesheet filed in the present FIR. Justice Jhingan further took note of submissions by the petitioner’s counsel that apprehensions of arrest were still in existence as Saini had been summoned by new SIT.
Disposing of the petition, the judge said the petitioner was not named in the FIR and summoned only on the basis of fourth supplementary report, which no longer existed and fresh probe was being carried out by the new SIT.
“It would not be appropriate to ignore the factual background of the case. Petitioner served the state being IPS officer. This court in another matter, considering various aspects involved, including political colour, vide order dated October 11, 2018, granted protection that in case petitioner is to be arrested, a seven-day notice would be served,” the Bench observed. — TNS
Kotkapura Fring: Give week’s notice to Sumedh Saini before arrest, directs HC
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