Special Judge couldn’t have cancelled bail to IPS officer ZH Zaidi: HC

Saurabh Malik

Tribune News Service

Chandigarh, April 20

The Punjab and Haryana High Court today ruled that the Special Judge could not have straightaway cancelled the bail granted by the Supreme Court to senior IPS officer of HP cadre ZH Zaidi in the Kotkhai custodial death case.

The High Court, at the same time, dismissed his regular bail plea after holding that the same had been already been declined by a coordinate bench and there was no material change of circumstances since then to justify the grant of fresh bail.

Justice Arun Monga observed bail was granted to Zaidi by the apex court vide order dated April 5, 2019. But the petitioner was put in jail on January 24, 2020, as his bail was cancelled by Special Judge, CBI court. The main reason was that he had tried to intimidate, pressurize and influence a prosecution witness and there was possibility of him intimidating, influencing and pressurizing other witnesses from the police department.

After hearing CBI counsel Sumeet Goel and arguments on Zaidi’s behalf, Justice Monga added this was the petitioner’s third foray in the high court for bail, after having been unsuccessful in assailing the bail cancellation order, which was upheld by a coordinate bench vide order dated May 21, 2020.

Justice Monga asserted the petitioner was granted bail by the Supreme Court and he was directed to be released on satisfaction of appropriate conditions as may be imposed by the trial court. Merely because the Supreme Court directed that the petitioner be released on satisfaction of appropriate conditions, it would not and could not change the reality that the order granting bail was that of the Supreme Court and not the trial court.

Justice Monga further asserted once the trial court held that the petitioner had violated the undertaking given in form of personal bond submitted at the time of furnishing the bail and the surety bonds, it ought to have followed the course of action prescribed under the provisions of the Code of Criminal Procedure for forfeiture of bonds executed by him and the surety/sureties, besides imposition and recovery of penalty thereof.

“Instead, the trial court straightaway cancelled the bail granted to the petitioner by the Supreme Court. The trial court of Special Judge, being lower in the hierarchy, naturally and logically, could not, or even otherwise, at least for reasons of judicial discipline and propriety, ought not to have straightaway cancelled the bail granted to the petitioner by the Supreme Court. However, I am unable to re-appraise the facts and circumstances pre-existing at the time of passing of coordinate Bench order dated May 21, 2020, declining bail to the petitioner,” Justice Monga concluded.

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