New Delhi: The Supreme Court Friday termed unprecedented and shocking the order of the Punjab and Haryana High Court staying the arrest of former Punjab DGP Sumedh Singh Saini in all cases pending against him, or likely to be registered, till the assembly elections in Punjab. The apex court requested the Chief Justice of the Punjab and Haryana High Court to hear the case either himself or set up another bench for the purpose.
This is an unprecedented order and we do not encourage these kinds of orders. You can give protection in the present case, but what is this... How can the relief be granted in future FIRs or cases, said the bench comprising Chief Justice N V Ramana and Justices A S Bopanna and Hima Kohli. It was hearing the appeal of the Punjab government against the high court orders granting protection from coercive action such as arrest to Saini.
Senior advocate Mukul Rohatgi, appearing for Saini, said that the former police officer has been decorated and had fought terrorism, and the state government has lodged half a dozen cases against him. Whatever it may be, no such orders can be passed, the CJI said, adding that none of the judges at the bench have seen such a shocking order in their lives.
Taking note of the submissions of Advocate General D S Patwalia of Punjab, the bench said, We will do one thing that we will request the High court to post the matter before either himself or some other bench for decision in two weeks. Taking into consideration the peculiar facts of the case, we request the Chief Justice of the high court to either hear the case himself or post it before another bench, the order said.
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The high court, on September 10, 2021, had stayed the arrest of Saini in all cases pending against him, or likely to be registered, till Punjab assembly elections, being held from February this year. "The involvement of petitioner (Saini) in multiple cases can be a political ploy in the wake of coming state legislative assembly general elections," the high court had said.
"Considering it to be a case of exceptional circumstances and hardship being caused to the petitioner by the state of Punjab (on political grounds), there will be a clear stay for the arrest of petitioner in all cases pending or likely to be registered or registered or where he is sought to be implicated in the aid of Section 120 B IPC (conspiracy)," it said. The high court had also stayed conducting further investigation in all the FIRs pending against Saini.
"Attempts are made to arrest Saini in the aid of Section 120 B IPC as even in the previous FIRs where such attempts are made and the petitioner had to file repeated petitions before this court," the high court had said. It had also exempted Saini from personal appearance till February 2022 before any court where any trial is pending against him.
However, it had directed him not to leave the country without prior permission till February 2022. One of the cases against Saini is related to the disappearance and murder case of junior engineer B S Multani in 1991 in which the Supreme Court had granted anticipatory bail to Saini.
Saini, among other things, had sought directions from the high court to the state government to hand over the investigation in matters registered against him to the Central Bureau of Investigation, or to any other independent agency outside Punjab.
PTI
