In this post we will discuss about the infamous case of Sumedh Singh Saini and the latest development in this case.

Punjab and Haryana High Court dismisses plea for transfer of case to CBI.

Transfer of case to CBI will result in protracted delay: HC

Transfer of Case to CBI by High Court Chandigarh
Transfer of Case to CBI by High Court Chandigarh

The High Court of Punjab and Haryana has claimed that the transfer of the FIR registered in the event of the disappearance of Balwant Singh Multani in 1991 from Mohali to the Central Bureau of Investigation (CBI) or some other agency outside the State would result in a prolonged delay in the completion of the investigation.

Facts of the case

Six days after the Supreme Court asked former Punjab Director General of Police (DGP) Sumedh Singh Saini to join the investigation into the 1991 murder case of Balwant Singh Multani, the Special Investigative Team (SIT) on Monday summoned him to join the inquiry on 23 September.

After Saini had not been found at his residence in Sector 20, Chandigarh, the SIT passed the notice outside the house and also handed copies to his lawyer, Himmat Singh Deol, HS Dhanoa and Misha Rohtagi.According to the note, Saini was asked to arrive at Mataur Police Station in Mohali at 11 a.m. on 23 September.Saini was relieved of his detention by the SC on 15 September and asked him to cooperate and join the investigation.

Multani, a junior engineer with Chandigarh Industrial and Tourism Corporation, was reportedly picked up by the police in December 1991 after a terrorist attack on Saini in which three policemen were killed. Saini was wounded in the assault.

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Legal Standpoint

The judgement of the High Court was based on the petition of former Punjab Director General of Police (DGP) Sumedh Singh Saini, who in August had appealed to the court seeking the cancellation of the FIR or the transfer of a probe to the CBI or some other agency. On 8 September, the High Court of Justice, Fatehdeep Singh, denied this appeal along with his anticipatory bail petition. However, the thorough judgement was published on Monday. Subsequently, Saini was granted early bail by the Supreme Court on 15 September. Saini claimed that the FIR was the product of an unfaithful act by the Congress Government and further claimed that the apex court had quashed the FIR against him in this case in 2008.

The court, though rejecting the plea, acknowledged that the victim side, due to lack of resources, may be adversely affected by the prosecution of the matter if it is moved. In addition, the investigation agency gathers evidence that is only available in Punjab and it is also easier for the witnesses to be questioned before the SIT, the bench said, adding, “The transfer will also result in a prolonged pause that fits the petitioner in this game of wit, who has managed to keep the law at bay since 1991.”

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It stated that there was a significant and hideous crime that had an impact on society as a whole. “The first FIR was not quashed on merit, but on grounds of misdemeanour,” he said, adding that the question of quashing the present FIR is too preposterous as the probe has just begun. “What has come to this court from the records depicts depravity of mind and for which the appellant does not deserve any sympathy,” he said.

As far as political victimisation and his heroic deeds were concerned, the bench added that the same did not come to his assistance to “flush the blood” of the crime from his smudged palms. He’s panicked at the law getting close to his heels, and so he’s raking up this ‘subterfuge’ of political victimisation to get the court’s undue sympathy, the bench said.

Conclusion

The judgement of the Punjab and Haryana High Court is based on the plea of the former Punjab Director General of Police (DGP) Sumedh Singh Saini, who had approached the court in August seeking to quash the FIR or move the probation to the CBI or some other agency.Former DGP Sumedh Singh Saini claimed that the first information report was the result of an unfaithful act by the Congress Government and that the Supreme Court had in 2008 quashed the FIR against him in this case.

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This post was written by Kosha Doshi.

For case specific advice, please contact best/top/expert Criminal Lawyers, Bail, Chandigarh Bench Lawyers, Legal Advice in Panchkula Mohali Punjab Haryana. Zirakpur Derabassi Kharar

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