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Criminal cases against MLAs, MPs: Punjab Police earn high court ire over delay in probe
The high court bench of justice AG Masih and justice Alok Jain was hearing a 2021 suo motu plea initiated on the orders of the apex court to monitor probe in criminal cases against the MLAs and MPs
Coming down heavily on Punjab police for delay in probe in criminal cases against politicians, the Punjab and Haryana high court has remarked that it appeared criminal cases against MPs and MLAs are being put on a different pedestal.
The high court bench of justice AG Masih and justice Alok Jain was hearing a 2021 suo motu plea initiated on the orders of the apex court to monitor probe in criminal cases against the MLAs and MPs. The hearing took place on September 29, and the detailed order was made available on October 10.
In the affidavit, filed by Punjab police, it had come to the fore that the oldest case in which a probe is pending is of former MLA Brij Bhupinder, registered in March 1998 by the vigilance bureau under the Prevention of Corruption Act. The case is being re-investigated.
The bench observed that the records submitted would indicate that the investigation has still not been completed in the FIR registered in 1998 where although a cancellation report was prepared. It further added that police had projected that the matter has been sent for reinvestigation on various occasions, therefore, the matter was still pending. There are certain matters pending from 2013 and 2015.
The Investigating Agencies have to explain as to what are the actual steps which have been taken to effectively conclude the investigation, the bench further recorded.
“Merely because the matters are pending for investigation, the same cannot be said to be an aspect which can be ignored (by the court) at the asking of the investigating agency. The process and investigation according to the statute requires to be completed within the time stipulated, but it appears that the cases of Members of Legislative Assembly and Members of Parliament are being put on different pedestal and inaction on the part of the Investigating Agencies is writ large,” the bench further added stating that even as the state police and trial courts had been directed to expedite the probe the progress does not appear to be satisfactory, rather it is a “trickle” in the whole process.
The court has now granted one more opportunity to the state to not only explain in each of the FIRs as to how the process of investigation has been carried out, the time consumed in the process and reasons with regard to the delay having occurred in the investigation. It has also been told to detail the stages of trials pending in the courts and the time now required to conclude the investigation.
As per the state’s reply, as many as 42 cases are pending investigation, and in 99 cases trials are going on. The oldest case pending trial was against Jagdev Singh Kamalu, registered in March 2007 for criminal intimidation and voluntary causing hurt at police station Maur. There are four cases against politicians pending trial since 2009. The oldest case pending probe was from 1998.
