Monkey detention: Accused challenges maintainability of Forest Dept application

Chandigarh, February 25

Accused in the monkey detention case has challenged the legal maintainability of the application of the Department of Forest and Wildlife Chandigarh for filing fresh complaint in the case.

In the reply filed through counsels Harlove Singh Rajput and Suvir Sidhu accused Kamaljeet Singh and other said the application for filing fresh complaint was not maintainable as per the law, which was settled by the Supreme Court in various cases. They said the department on January 15, 2021, filed a new application for lodging a fresh complaint. The case came for hearing in the Court of Lovejinder Kaur, JMIC, on Thursday.

Citing various decisions of the apex court the counsels said the Supreme Court held that a fresh complaint could only be entertained after the dismissal of the first complaint and that too in exceptional circumstances. A fresh FIR was similar to the earlier complaint filed against the accused, they added.

The only change in the said complaint would be the mention of an FIR number 001 dated August 21, 2020, registered under the Wildlife Protection Act, they said. A complaint was moved for the registration of an FIR against the accused by the complainant to the Sector 36 police station SHO on August 18, 2020, they added. The counsels claimed that fresh complaint against the accused was also not maintainable as the first complaint was pending adjudication before this court.

“The application is nothing, but abuse of process of law and against the interest of justice. It is a complete violation of fundamental rights of the accused,” the counsels said. They demanded dismissal of the application moved by the complainant. Tattoo artist Kamaljeet Singh and his manager Deepak were arrested by the Forest Department on August 19, 2020, for allegedly confining a monkey and exhibiting it by sharing its picture along with him on his Instagram account. — TNS