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Criminal cases against MPs/MLAs: Irked over tardy probe pace, HC summons Punjab, Haryana DGPs
The assurances, which were given to the court by the counsel representing the respondents, were mere words to be heard and the court, under a mistaken belief, accepted the same at its face value. The action, now taken, does not reflect the intent and purpose, for which the assurances were sought to be made: Punjab and Haryana high court bench
Perturbed over the tardy pace of probe into criminal cases against sitting as well as erstwhile MPs and MLAs, the Punjab and Haryana high court has summoned the police chiefs of the two states.
“The assurances, which were given to the court by the counsel representing the respondents, were mere words to be heard and the court, under a mistaken belief, accepted the same at its face value. The action, now taken, does not reflect the intent and purpose, for which the assurances were sought to be made,” the bench of justice AG Masih and justice Vikram Aggarwal observed referring to the affidavits filed by both the states on Thursday.
The court was hearing a 2021 suo motu plea in which court is monitoring probe into FIRs registered against MPs and MLAs in Punjab, Haryana and Chandigarh upon directions in this regard from the apex court.
The bench said that on the last date of hearing on December 6, there was some “semblance of light” which the court saw in the “dark horizon,” but again, whatever “light we had seen, has disappeared”. The affidavits, filed, do not really reflect any progress having been made. On the last date of hearing, the high court had directed DGPs of both the states to spell out steps for speedy trials of criminal cases. As per Punjab DGP’s affidavit probe is still pending in 17 cases. As of Haryana, the number of cases pending probe are at 11 and under trial are 20.
The court added that the observations made by the bench are not to be elaborated and substantiated with reference to the figures. “..Oral observations have been made by us and we do not want to put them in writing for the simple reason that the morale of the investigating agency should not be hampered or adversely affected,” the bench remarked adding that DGPs would have to explain the reasons as to why the probe in cases involving MPs/MLAs was not being taken to the “logical end”.
In the context of Punjab the bench recorded the reasons, for delay as stated by the DGP, Punjab, showed a “very grim picture” with regard to the competence of the investigating agencies. “It appears that the law is not known to them and they have, in fact, not been trained properly. Strange enough are the reasons which have been mentioned for not proceeding with the investigation and the DGP, Punjab, it appears, is accepting them to be just and reasonable,” it said.
As of Haryana, the court said that, the reasons, given, really show as “if time is being whiled away for one reason or the other”. “It appears as if the investigating agencies and even the officer up to the level of the DGP, takes it as a routine to get an affidavit filed which merely fills up the gaps for the sake of it without there being actual progress. Strangely enough, where a public servant is being prosecuted, months have been taken for giving such a sanction/approval or at least taking a decision thereof,” it remarked referring to an FIR of October 2005 in which probe was completed in 2022. The FIR pertained to cheating, irregularities and other allegations reported during recruitments in 2001-02.
The court has now deferred the hearing for February 22 seeking presence of DGPs of both the states and has sought fresh status reports.
