2017 graft case: CBI court turns down plea to declare suspended Chandigarh SHO accused
Says it cannot take cognisance of the offence against accused Jaswinder Kaur as the sanction for prosecution has been declined by the Chandigarh Police DIG who is the competent authority in the matter.Updated: Aug 05, 2020, 20:39 IST
Taking note of UT DIG’s refusal to sanction the prosecution of suspended SHO Jaswinder Kaur in a 2017 graft case, a special CBI court on Wednesday disposed of the application seeking her inclusion as accused.
“This court cannot take cognisance of the offence against the proposed accused Jaswinder Kaur as the sanction for prosecution has been declined by the Chandigarh Police DIG who is the competent authority in the matter,” the order by Sushil Kumar Garg, special judge, CBI, stated.
It added, “The CBI or complainant have the liberty to move the appropriate authority/Supreme Court against the DIG’s order dated August 3, 2020.”
Earlier CBI’s public prosecutor KP Singh argued, “It is not the duty of the competent authority to see as to whether there is sufficient material for conviction or acquittal of the said accused at the stage of granting or declining sanction for prosecution.”
He argued that the DIG has stated in the order that “no new facts have been brought to the light by complainant”. However, the question of new facts did not arise because previously no sanction order had been passed by the competent authority and it was the first time when the authority had to consider the facts of the case.
The complainant, Prem Singh Bisht, who appeared in the witness box in court and corroborated the contents of his complaint verbatim, stated that the DIG had not considered his evidence.
The prosecutor argued that the complainant in his examination-in-chief had reiterated that face-to-face conversation had taken placed between him and SHO Kaur and another accused, sub-inspector (SI) Mohan Singh, where Kaur had told him to fulfil the demand for Rs 9 lakh bribe.
Bisht told the cold that the DIG did not consider the call details between him, the SHO and the SI, which strengthened his allegations and deposition in court.
He added that there was also CCTV footage of him meeting the accused SI and then the SI’s meeting with Kaur, but this scientific evidence was not considered by the DIG.
The graft case in question dates back to October 2017, when SI Mohan Singh was arrested for accepting Rs 2 lakh in bribe, allegedly on the directions of the then Sector 31 SHO, Jaswinder Kaur.
Bisht had alleged that the SI, who was the investigating officer in an attempt to murder case, demanded Rs 9 lakh to drop the names of three of his employees from the FIR.
The CBI had arrested the SI while accepting Rs 2 lakh bribe, but the case was closed against Kaur as the agency could not find any evidence to implicate her, prompting Bisht to file an application first in 2019 and again in February this year.
The graft-tainted SHO had surrendered before a Chandigarh court on July 25 in another Rs 5 lakh graft case from May this year. She is currently in judicial custody.