HC questions UT on notification for CBI investigation

Tribune News Service

Chandigarh, September 19

The legal controversy has deepened over the CBI’s refusal to probe a case in which former Himachal Chief Minister Virbhadra Singh’s relative Akansh Sen was crushed to death under the wheels of a BMW car in Sector 9.

As the case came up for resumed hearing, Justice Rajan Gupta asked UT senior standing counsel RS Rai and counsel Gautam Dutt whether the notification for the probe was issued in terms of the relevant Act and by the competent authority. Faced with the situation, Rai prayed for another opportunity to seek instructions.

Taking note of his prayer, Justice Gupta adjourned the hearing to September 27 after recording submissions by Rai and CBI Special Prosecutor Sukhdeep S Sandhu that they would bring relevant files on the next date of hearing for perusal by the court.

Justice Gupta had earlier asserted that it was not clear whether the order, dated May 25, passed by the Home Secretary for a CBI probe was in consonance with the law. The Bench, on the previous date of hearing, was told that prayer of the UT Administration for handing over the investigation to the CBI stood turned down. Taking note of the assertion, Justice Gupta had questioned the Home Secretary’s order for a CBI probe.

Justice Gupta wanted to know whether the procedure had been followed. The CBI was also asked to elaborate on the reasons behind its refusal.

An FIR in the matter was registered on February 9 last year for attempt to murder and another offence under Sections 307 and 34 of the IPC at the Sector 3 police station. The development took place on a petition filed by Ramanjit Kaur against the UT Administration and other respondents.

The mother of one of the accused, through counsel Pawan Kumar, was seeking issuance of directions to the UT Administration for referring the matter to the CBI for an investigation. It was alleged that the petitioner and her family were being harassed in the name of investigation.

Victim Akansh was allegedly hit and dragged under the wheels of the BMW in Sector 9. Following the incident, the police had slapped murder charges against two accused — Balraj Singh and Harmehtab Singh.

Referring to the events as narrated in the FIR, one of the accused had earlier claimed in his anticipatory bail plea that the victim, along with another person, visited the house of Deep Sidhu early morning to enquire about a friend, Shera.

They were apprehending that Shera and Harmehtab Singh were together in the house. It was then that Balraj Singh got into his car with Harmehtab Singh sitting on the passenger side and drove the car over the victim.