‘Shocking’: Supreme Court slams HC’s blanket stay on Punjab ex-DGP arrest

Observing that the Punjab and Haryana high court's order to give protection from arrest to former Punjab top cop Sumedh Singh Saini was ‘unprecedented’, the apex court directed the high court’s chief justice to decide the matter in two weeks.

Expressing shock over an “unprecedented” order by the Punjab and Haryana high court giving protection to former Punjab top cop Sumedh Singh Saini in all future cases, the Supreme Court on Friday directed the high court’s chief justice to decide the matter in two weeks.

Former Punjab top cop Sumedh Singh Saini .

The apex court’s direction came on an appeal filed by the Punjab government challenging the HC orders on September 10 last year and another on Thursday that extended the bail granted to former Punjab director general of police (DGP) Saini in a host of criminal cases till April 20, except in one first information report (FIR), which is being monitored by the Supreme Court.

“It is shocking. Such an unprecedented order has been passed. The high court cannot say even for future cases you cannot be arrested,” a bench headed by chief justice of India (CJI) NV Ramana said.

Punjab’s advocate general Deepinder Singh Patwalia, representing the state, pointed out that the high court has virtually stayed the hands of the police from proceeding against Saini, who is an accused in multiple offences.

The top court found the logic of granting bail in future cases bizarre. “We have never seen such type of orders been passed in our entire life. We do not appreciate such orders being passed. We feel it is unprecedented,” the bench, also comprising justices AS Bopanna and Hima Kohli, said.

“Considering the peculiar facts of this case, we request the chief justice of the Punjab and Haryana high court to take up the matter either himself or any judge nominated by him and decide in two weeks,” the bench ordered. The court also issued notice on the state’s appeal and kept it pending.

Patwalia pointed out that the September 10 order of the high court was passed on the ground that the petitioner had alleged he might be arrested ahead of the state assembly elections, voting for which took place on February 20. “By the previous order, even the investigation into the FIRs was stayed. Now this order has been extended till April 20 on the same reasoning,” the advocate general said.

Senior advocate Mukul Rohatgi, representing the 1982-batch IPS officer Saini, opposed the state’s appeal. “I have got protection from this court on the ground of malafide action by the state. This man is a former director general of police of Punjab who has survived an assassination attempt. After his retirement in 2018, he is now facing half a dozen cases,” he argued.

To this, CJI Ramana said, “Whatever it may be, you can’t pass an order saying in future cases also he can’t be arrested? What is this?”

The only FIR where the HC order was not applicable pertained to the custodial torture and death of one Balwant Singh Multani in 1991. In this case, the Supreme Court granted anticipatory bail to Saini in December 2020.

Justice Arvind Singh Sangwan of Punjab and Haryana HC on Thursday passed an order, granting a blanket stay on arrest holding the case to be one involving “exceptional circumstances”. The HC even stayed all pending investigations and exempted Saini from appearing before any court where trial was pending. The HC order applied to all cases pending or likely to be registered as the judge was of the opinion that the multiple cases against the petitioner could be a “political ploy” in the wake of elections in the state.