New Delhi, March 4
The Supreme Court on Friday expressed “shock” over an “unprecedented” order passed by the Punjab and Haryana High Court giving a blanket protection from arrest to former Punjab Director-General of Police Sumedh Singh Saini in all pending and future criminal cases against him till April 20.
“This is an unprecedented order. How can future courses of action be stayed? It’s shocking and three of us (on the Bench) feel that it’s unprecedented. This will require hearing,” a three-judge Bench led by Chief Justice of India NV Ramana said, wondering how someone could be given protection in cases yet to be registered.
“We will request the high court to dispose of the petition…by another judge and not the same judge within two weeks. We request the Chief Justice (of Punjab and Haryana HC) to take it up himself or by any other judge…we will keep this matter pending (in SC),” CJI Ramana said, posting it for hearing after four weeks.
Assailing the High Court order, Punjab Advocate General DS Patwalia said, “There’s blanket stay…protection against everything.”
On behalf of Saini, senior counsel Mukul Rohatgii sought to defend the high court’s order, saying, “The State has not followed a single order. He (Saini) has survived an assassination attempts.”
“Whatever it may be, you can’t pass an order saying in future cases also he can’t be arrested… What is this?” the CJI told Rohatgi.
Justice Arvind Singh Sangwan had on Thursday ordered that Saini should not be arrested till April 20 in pending and future cases against him, except the Balwant Singh Multani murder case pending before the top court.
Justice Sangwan—who had earlier noted Saini’s involvement in multiple cases could be a “political ploy in the wake of the coming state Assembly elections”—said the order was being passed considering the exceptional circumstances and hardships being caused to Saini by the state of Punjab on political grounds.
The Supreme Court had on September 15, 2020, granted protection from arrest to Saini in the 1991 Balwant Singh Multani murder case. However, it had asked Saini to co-operate with the Punjab Police in the investigation of the case.
Multani—a junior engineer with Chandigarh Industrial and Tourism Corporation—was allegedly picked up by the police in December 1991 after a terror attack on Saini that left three policemen killed. Saini was injured in the attack. Saini’s troubles started in May 2020 when he was booked at a police station in Mohali along with six others for the alleged kidnapping of Multani in 1991. Murder charge was added in August after two of the accused policemen spilled the beans.
Saini is also facing trial in a Special CBI Court in Delhi along with three others for alleged abduction and disappearance of automobile businessman Vinod Kumar, his brother-in-law Ashok Kumar and their driver Mukhtiyar Singh in 1994.
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