HC seeks magistrate’s comments on alleged kinship with accused in bail matter

The Punjab and Haryana High Court today sought comments from Judicial Magistrate First Class, Ambala, Vandana Walia, on allegations that she is related to accused Rishab Walia, whose bail she had earlier granted. The high court has already made it clear that issue of kinship was required to be adjudicated as a “preliminary question in order to arrive at a reasoned and lawful conclusion in the present petition”.

The case before Justice Sumeet Goel has its genesis in a petition filed by Akash Walia seeking the cancellation of regular bail granted to respondent Rishab Walia in an FIR registered on December 26, 2023, under provisions of the IPC at the Mullana police station in Ambala in the larger interest of justice, fair play and equity.

Taking up the petition filed though counsel Fateh Saini, Justice Goel referred to an order passed on February 27, 2024. Among other things, the order recorded the contentions of the petitioner’s counsel that the judicial officer was the Rishab Walia’s cousin.

“The vacation Judge-cum-Judicial Magistrate First Class, Vandana, ought not to have heard the matter being a close relative herself.

Justice Goel also referred to compliance report dated May 19 filed by the state of Haryana. It said: “On perusal of the contents of the statements made by the witnesses, it has been revealed that Vandana Walia is the distant relative of respondent Rishab Walia…. From the families of both sides, Vandana Walia and Rishab Walla are not real brothers and sisters, and Vandana Walia’s grandmother is the aunt of Rishab Walia’s father Vinod Walia in long term relations, whereas Vandana Walia and Rishab Walia are not real brothers and sisters but are distant relatives (cousins).”

Before proceeding further, Justice Goel directed the Registrar-General to obtain the magistrate’s comments in a sealed cover and place them before the Court on the next date of hearing. The court also ordered that any administrative inquiry, if conducted on the issue, be produced in a sealed cover. The matter has been listed for November 26, and will be taken up in the urgent cause list.