Former Punjab Police chief Sumedh Singh Saini walked free at 2am on Friday after waiting for 14 hours in the courtroom of the Mohali chief judicial magistrate following the Punjab and Haryana high court’s midnight order for his release from the Vigilance Bureau’s custody in a land fraud case.
Following the high court’s directions, chief judicial magistrate Pamelpreet Grewal Kahal issued orders to release Saini at 12.15am, but Saini walked free two hours later once legal formalities were completed.
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The former director general of police (DGP) was arrested by the Punjab Vigilance Bureau in a 2018 land fraud case on Wednesday when he had gone to the VB office to join investigation in a corruption case as directed by the high court. Saini’s release was ordered at midnight by the bench of justice Arun Kumar Tyagi after two rounds of hearing.
The VB had taken Saini to the Mohali court around 12.30 pm on Thursday when information of an application being moved by his lawyers before the high court was received. The hearing was deferred till 4pm. But Saini was made to sit in the courtroom for nearly 14 hours till the high court order of his release was received.
Abuse of the process of law: Lawyers
{{/usCountry}}Abuse of the process of law: Lawyers
{{/usCountry}}“The high court has termed his arrest an abuse of the process of law. He was arrested in violation of three high court orders. The court had ordered that in the event of his arrest in the land fraud and corruption cases, seven days notice has to be given,” said his lawyer, HS Deol.
The case was taken up by justice Tyagi at 11.30am and after 30 minutes of hearing, he summoned records pertaining to the arrest and first information report details by 3pm. The hearing continued in the evening for three hours.
The state had roped in a battery of lawyers, including Supreme Court senior advocate Sidharth Luthra, who was assisted by five others. Senior advocate APS Deol appeared for Saini.
In March, the court had sought details of FIRs in the cases in which Saini’s involvement is being probed and further ordered that if the former DGP was to be arrested in a criminal case pertaining to his service period, he be given an advance notice of seven days.
Plea to advance hearing filed on day of arrest
As the hearing began on Thursday morning, Punjab government lawyers sought time from the court to respond to the plea for pre-poning of hearing in the 2018 plea. However, the court did not agree. It noted that the preponement plea was filed on August 18 and the same evening Saini was arrested. “It is expected that parties will maintain status quo and will not disturb the same whether the case be on criminal side or civil side without approaching the court for appropriate directions,” the bench said, expressing its displeasure over the VB action.
The observation comes in view of the fact that the case could not be taken up due to the Covid-19 pandemic and that there was a general order from the high court chief justice, extending the status quo during this period in all matters.