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SC refuses to cancel bail to Chhattisgarh’s former additional DGP
The state vehemently opposed bail to the suspended officer claiming that he had intimidated three witnesses in the case who had approached the state for protection.
The Supreme Court on Tuesday dismissed a plea to cancel the bail granted to Chhattisgarh’s former additional director general of police, Gurjinder Pal Singh — accused of amassing disproportionate assets — maintaining that a person's status does not count while granting bail.
“While considering bail, status of person is not to be considered,” said a bench of justices BR Gavai and Hima Kohli on Tuesday before dismissing a petition filed by Chhattisgarh government challenging the bail granted to the suspended officer by the state high court on May 12.
The state vehemently opposed bail to the suspended officer claiming that he had intimidated three witnesses in the case who had approached the state for protection. One of the witnesses was granted police protection.
Senior advocate Mukul Rohatgi who appeared for the state along with advocate Sumeer Sodhi said, “This is a case of grant of bail to a highly placed police officer who has tampered with evidence and witnesses have been granted protection after being threatened by him.”
Dismissing the state’s plea as “totally unwarranted”, the bench said, “As an ordinary citizen is entitled to his rights under the Constitution, equally, a high ranking officer cannot be denied the same right under the Constitution.”
As regards the state’s apprehension that the accused may tamper with evidence, the bench said, “In disproportionate assets cases, all evidence is documentary in nature.” Moreover, the top court noted that the HC had imposed stringent conditions while granting bail.
The DA case against Singh was filed on June 29, 2021, and the state government had even accorded sanction for his prosecution for corruption charges under the Prevention of Corruption Act, 1988. However, since he is an IPS officer, sanction was required from the Centre, which was still awaited.
Singh was arrested in connection with the case on January 11 this year and had approached the high court for bail after the charge sheet was filed on March 8.
During Tuesday’s hearing, Rohatgi told the court that Singh is also facing charges of extortion, where the top court had granted him interim protection as the charge sheet has been filed.
He pointed out that in the corruption case, Singh had earlier this month approached the top court which had refused to grant him bail while directing the high court to expeditiously deal with the pending bail plaa.
The state also said Singh’s conduct in jail has not been good. Rohatgi said, “He bribed prison guards to go to the watchtower using his influence as a top ranking police officer. This is not allowed to inmates and now the two prison guards who allowed this to happen have been suspended. All this is serious for a person who has been Additional Director General of Police. He is also been found to deal in crypto currency.”
The bench, in a lighter vein, told Rohatgi, “You generally appear more for clients on the other side,” referring to the rich legal practice of Rohatgi as a criminal lawyer appearing for big names accused of blue collar crimes. “Whatever you argue today, we will remember when you appear for other accused,” the bench added.
As per investigation conducted by the anti-corruption branch of the Chhattisgarh police, Singh was accused of having disproportionate assets of worth over ₹9.55 crore which is 166.87% in excess of his family income. Further, it was alleged by the investigating agency that Singh had used forged documents to declare income before various government authorities and agencies.
It may be recalled that in August last year, while dealing with Singh’s petition, the bench headed by Chief Justice of India (CJI) NV Ramana noted a disturbing trend that when a political party is in power, the police officials take the side of that party and when they are out of power and a new party comes in, the government initiates action against those police officials. Singh had challenged slapping of sedition charge against him by the state government for his alleged conspiracy in promoting enmity and hatching conspiracy against the state.
The Chhattisgarh high court, while granting bail to Singh in the corruption case, struck a balance by directing him not to stay in Raipur except on days when the hearings were being conducted or in connection with any departmental inquiry.
Further, the court restrained him from alienating or mortgaging any immovable property, giving press interview or public statement in connection with the case, and contacting any witnesses or acting in any manner to influence the trial.
