The CBI has filed an application in a Delhi court seeking action against former Punjab DGP Sumedh Singh Saini, an accused in 1994 triple murder case, for allegedly showing tampered copies of some certified documents to a prosecution witness during his examination.
Special CBI judge A K Mendiratta asked the CBI to supply copy of its application to the accused persons and fixed the case for May 15 for their response and arguments.
"Though the certified copies of the public record are admissible under Section 74 of the Evidence Act, since serious allegations of tampering/forgery of documents, already produced during cross-examination have been made by special public prosecutor for CBI, it shall be appropriate in case copy of the application is supplied to the accused to file response," the court said.
Special public prosecutor YK Saxena, during cross- examination of prosecution witness and complainant Ashish Kumar, a relative of the victims, submitted before the court that the certified copies of documents put to the witness during cross examination on behalf of accused Saini "appear to be tampered, and necessary steps be taken as deemed fit and proper in the interest of justice".
The CBI's application was vehemently opposed by the counsel for the accused saying that it was misuse of process of law and was not maintainable.
The case pertains to alleged involvement of Saini, the then SSP of Ludhiana, in the kidnapping and murder of three persons -- Vinod Kumar, Ashok Kumar and their driver Mukhtiar Singh -- in 1994 in Ludhiana.
The CBI has alleged that the three men were murdered at the behest of Saini who had hatched a conspiracy in connivance with other accused policemen Sukh Mohinder Singh Sandhu, Paramjit Singh and Balbir Chand Tiwari to settle a personal score against the owners of Saini Motors, an automobile dealership in Punjab. Vinod and Ashok were chief financiers to Saini Motors.
The case was registered against Saini and others on the orders of the Punjab and Haryana High Court and was transferred to Delhi by the Supreme Court in 2004.