SC puts Punjab on notice on ex-DGP Saini’s plea for quashing fresh FIR in Multani case

Apex court asks the state not to “rush” in the matter, while seeking its response within four weeks

The Supreme Court on Wednesday sought the Punjab government’s reply on a plea by former director general of police Sumedh Singh Saini, seeking quashing of a fresh FIR lodged against him in the 1991 case of alleged murder of junior engineer Balwant Singh Multani.

On September 15, the apex court granted Sumedh Singh Saini interim protection from arrest in the fresh FIR.

A bench of justices Ashok Bhushan, R Subhash Reddy and MR Shah asked the state not to “rush” in the matter and “don’t proceed any further”, while seeking its response within four weeks. The government told the top court that it would make a statement on the next date of hearing.

The Punjab and Haryana high court had on September 8 dismissed Saini’s plea for quashing the case or transferring it to the Central Bureau of Investigation (CBI). On September 15, the apex court granted him interim protection from arrest in the fresh FIR.

During the hearing on Wednesday, senior advocate Mukul Rohatgi, appearing for Saini, said that the “illegal and malicious prosecution” of his client should be stopped as one case after the other is being filed in the matter. He said Saini retired as the Punjab DGP in 2018 and the problem with such cases lay in his having lodged five criminal cases against the present chief minister of the state.

“I will show how vindictive the state is in this matter. I am fighting against the state and the chief minister,” Rohatgi said, adding that during Saini’s tenure as the Chandigarh SSP in 1991, there was an attack to kill him. He said following the attack, an FIR was registered and Multani was arrested in December 1991. “It is the case of Multani’s father that his son was tortured by Saini and others and it was the case of the state then that Multani had escaped and was never found,” Rohatgi said.

Rohatgi said that Multani was not seen since 1991 and when his father filed a habeas corpus petition in the high court, the state government had said that Multani had escaped from custody. He added that in May this year, an FIR was registered at the instance of Multani’s brother, as his father had died in 2014. He said there cannot be a third FIR in the same incident and even the top court had earlier held that a second FIR cannot be registered.

Claiming the Punjab government has no jurisdiction in the case as the alleged torture happened in Chandigarh, which is a Union Territory, Rohatgi said the state cannot add Section 302 (murder) to the FIR without leave of trial court.

HC extends interim protection till November 3

The Punjab and Haryana high court on Wednesday extended its September 23 order, wherein the Punjab government was directed to issue a notice of seven days to former DGP Sumedh Singh Saini if the state contemplates to arrest him in a criminal case.

The interim protection has been extended up to November 3, the next date of hearing.

“The fresh application and the main petition (filed in 2018) will be heard together on the assigned date,” said senior advocate Vinod Ghai, who is representing Saini. The detailed order is awaited.

During the hearing on Wednesday, the state government is learnt to have raised issues with regard to “maintainability” of the plea.

In October 2018, the high court had denied Saini a blanket bail but asked Punjab to give him one week’s notice in case he is to be arrested in a criminal case pertaining to the period when he served in the vigilance department and other important positions thereafter.

The order was extended twice, but after the Covid-19 outbreak, the plea could not be taken up. In September, Saini filed a fresh application seeking modification of the order. The September 23 order covers any FIR registered against Saini for any incident during his entire service period.