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Punjab: HC stays all probes against ex-DGP Saini till Feb 2022
HC observes that multiple criminal cases registered against former DGP Saini could be a “political ploy” ahead of the assembly elections in Punjab
In a major relief to former Punjab top cop Sumedh Singh Saini, the high court on Friday stayed investigations into various criminal cases registered against him in the state till February 2020.
Citing “exceptional circumstances”, the Punjab and Haryana high court (HC) bench of justice Arvind Sangwan observed that multiple cases registered against Saini could be a “political ploy” in the wake of upcoming state assembly elections.
Not only this order gives relief to the former director general of police (DGP), it also stalls investigation into the 2015 sacrilege violence cases, said a senior lawyer associated with those cases. “Prosecution has all along termed him a major link in police firing cases. If his role is not to be probed, how will the Punjab Police fix role of others? ” the lawyer said.
The HC has ordered that there will be a clear stay on Saini’s arrest in all cases, pending or likely to be registered, except the one that is pending before the Supreme Court. The court even stayed investigations against him, observing that attempts have been made to arrest him.
The order also bars police from pursuing any other case and probe by any commission appointed by the state government till February 2022. The former DGP has also been exempted from personal appearance in an ongoing trial in any court. However, he has been asked to not leave the country.
The HC order has come on Saini’s plea moved in 2018, wherein he sought a blanket bail and directions to the Punjab government that FIRs registered or likely to be registered against him be transferred to the Central Bureau of Investigation.
Saini had claimed in the plea that the Congress government was acting out of vengeance against him as he had “become an eye sore” for chief minister Captain Amarinder Singh and his associates after he investigated cases against them when he was the vigilance department head in the state.
‘... dare shown by Punjab Police officials...’
In its 46-page judgment, the court took note of proceedings and various other developments in criminal cases against Saini, especially on August 19 when an HC bench had termed his arrest illegal and ordered his release.
“I am also conspicuous of the dare shown by the Punjab Police officials in trying to overreach the court... which is also a circumstance to be considered about the nature and quality of investigation being conducted by the Punjab Police in the FIRs,” the bench further said.
At a time when court was in the middle of hearing petitions related to the former DGP on August 19, a DSP-level officer had purportedly written to the chief justice and the judge concerned alleging “ undue hurry” being shown by the bench in dealing with Saini’s case.
Saini’s counsel, senior advocate APS Deol, had also submitted that a fresh FIR has been registered on September 3, wherein a head constable is alleging that he was assaulted for leaking a video about Saini’s arrest on social media. He could be arrested in that case as well, as and when he goes to join probe in some other case, Deol submitted.
Giving relief to the former DGP, the bench started its judgment by referring to a Panchatantra story, in which an entire village gangs up to shunt out a monkey, but the sarpanch intervenes and says he won’t allow it without a plausible reason. “This is how the legal system in India works, where the court follows the principal of audi alteram partem, ie nobody should be condemned unheard. The plight of the petitioner appears to be similar to the story as this court protected the right of the petitioner by passing various orders,” observed the court.
