Breaking

Post Top Ad

SEMrush

Tuesday, 18 August 2020

Ex-DGP moves High Court against SIT probe

Tribune News Service

Chandigarh, August 17

More than three months after the Punjab Police registered a case against its former Director-General of Police Sumedh Singh Saini in a 1991 abduction case, the former top cop today moved the Punjab and Haryana High Court for declaring the probe to be "non est" or nothing and in violation of the Supreme Court order. The case registered against him and other policemen pertains to the alleged abduction and disappearance of Balwant Singh Multani.

Directions were also sought for transferring the investigation to any other independent agency outside Punjab or, if permissible, to the CBI. The FIR in the matter was registered on May 6 for abduction and other offences under Sections 364, 201, 344, 330, 219 and 120-B of the IPC at Mataur police station in Mohali. Saini contended that it was in violation of the direction issued by the Supreme Court in its order dated December 7, 2011, while quashing the earlier FIR dated July 2, 2008.

The initial FIR by the CBI was registered on the directions of the Punjab and Haryana High Court, before both the state and Saini went into an appeal. The apex court, at that time, made it clear that recourse to fresh proceedings could be taken to, if permissible in law.

Saini contended that the present FIR, being the result of "mala fide and political interference", was a "jurisdictional error". It was second FIR at the instance of someone not on the list of persons granted liberty to move afresh. As such, the proceedings were impermissible in law pertaining to an incident that took place 29 years ago, more so when same offences regarding which the earlier FIR by the CBI stood quashed.

Saini asked for directions to the SIT not to carry out further investigation pursuance to the registration of the second FIR. Directions were also sought to the SIT not to submit its final investigation report in the matter under Section 173 of CrPC. The petition is yet to come up for hearing.

Abduction case

  • Ex-DGP Sumedh Singh Saini moved the HC for declaring the probe to be "non est" or nothing and in violation of the SC order
  • Directions were also sought for transferring the probe to any other independent agency outside Punjab or, if permissible, to the CBI


from The Tribune https://ift.tt/3h5HOS5

No comments:

Post a comment