Bail to ex-Punjab DGP: HC judge lets off cop from contempt loop over email casting aspersions on bench

Says mail seems to have been sent by an over-enthusiastic police officer but it could not be a matter of his own choice

The Punjab and Haryana high court judge, who got an e-mail casting aspersions on him while dealing with petitions on the arrest of former Punjab director general of police (DGP) Sumedh Singh Saini, has let off a state vigilance officer of contempt of court loop.

The Punjab and Haryana high court.

The HC bench of Justice Arun Kumar Tyagi on Tuesday said “the majesty of the court is preserved and upheld not by initiation of contempt proceedings but by the manner in which it protects fundamental rights of the citizens and extends equal protection of laws and equality before law and justice to all who approach this court”.

“...that is with what I would like this matter of initiation of contempt proceedings to end,” observed Justice Tyagi on the last day of his work on Tuesday while dealing with two applications moved by Saini.

Saini was arrested by the vigilance bureau on August 18 evening in a September 2020 case. The next day, his wife had approached the HC terming his arrest illegal. The same day, a 2018 plea of Saini was also listed before justice Tyagi in which there were orders against the arrest of the ex-cop from high court. While the hearing was underway on August 19, an e-mail addressed to the chief justice came purportedly from Harvinder Pal Singh, investigating officer, in the September 2020 FIR, in which Saini was arrested. The e-mail, which was also marked to Justice Tyagi, wanted the case transferred from him to other bench casting aspersions on him.

In that day’s order, Justice Tyagi observed that the court reserved the right to initiate contempt proceedings against the officer in view of the fact that vigilance as well as government counsels had submitted that he was not authorised for the same.

“I am of the considered view that where litigant has a reasonable apprehension of not getting justice from a particular court, he has the remedy of applying for transfer of the case. In case of filing such application in respect of a case pending in this court, the matter lies in the discretion of the chief justice to take a decision,” Justice Tyagi observed, adding the email should not have been sent to the bench presided over by him.

“The e-mail seems to have been sent by an over-enthusiastic police officer but the same could not be a matter of his own choice. He seems to have been ill-advised regarding the same by someone from behind the scene. I am not only conscious of the harsh reality that the police officers work under tremendous pressure and even risk their lives in their fight against crime but unfortunately they also have to tow the line of those in power,” he added.

On Tuesday, the court was hearing two pleas. Saini had approached the high court for advancing of hearing from September 9 claiming that he feared he could be arrested in some fresh case. Another plea was to bring on record alleged interviews by vigilance department officers in which they were accusing Justice Tyagi of passing order “in a tearing hurry” and not affording any opportunity of hearing to the department. Both the applications were withdrawn by Saini.

One more plea filed by Saini alleging contempt of court by vigilance department officers will be taken up by high court on Wednesday.