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Anurag Saxena Case
Apex court stays operation of Justice Randhawa’s order
Prabhjot Singh
Tribune News Service

Chandigarh, February 14
The Supreme Court has stayed the operation of the January 31 order of Punjab and Haryana High Court in Anurag Saxena case and listed for hearing the Special Leave Petition preferred by the Punjab Government against the order on February 27.

Maintaining that “certain directions and unwarranted observations passed by the Punjab and Haryana High Court against the entire state machinery and the law officers that had no relevance to the petition, which was for quashing of an FIR,” the aggrieved Punjab government has prayed for the grant of the special leave to appeal against the order.

Justice Ranjit Singh Randhawa passed the orders. The case pertains to an FIR registered on September 8, 2007, against former Director-General of Police SS Virk.

In its petition, the Punjab government held that during the hearing, a hand-written note of the main accused was placed before the court in a sealed cover. Along with the hand-written note, an explanatory note explaining the significance of the material was also placed before the court.

The state government held that this hand -written note was material information, which it was duty-bound to bring before the Judge based on which he could take a decision to recuse himself from the matter or continue the hearing. The Judge continued with the hearing but made the information public by reproducing it in the impugned order and passed disparaging remarks about the law officers and other officers of the state.

The petitioner held that some of these observations made in the impugned order were made on assumptions without even calling for an explanation from the officers concerned.

“The honorable court has not only passed these observations but also sought classified information from the petitioner which is totally unrelated to the present case. In a case for quashing of an FIR, the court wants the petitioner to disclose the use of the equipment purchased by the intelligence wing and a statement that no equipment purchased by the intelligence was being used for any purpose other than which was authorised.

“Though the information has no relevance to the matter in hand, the petitioner has supplied this information to the court in a sealed cover. Now the court wants this information to be put before it in the form of an affidavit. Such public disclosure of the equipments and their use is totally unnecessary and would severely compromise the efficiency of the State Intelligence, the petitioner said.

The Chief Justice G. Balakrishnan stayed the operation of the order and listed the appeal for hearing on February 27.

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