6 months on, Vijay Kumar Janjua prosecution sanction issue surfaces before Punjab and Haryana High Court, to be heard later this month

Saurabh Malik

Chandigarh, February 14

The issue pertaining to sanction for prosecuting Punjab Chief Secretary Vijay Kumar Janjua has surfaced before the Punjab and Haryana High Court once again.

Less than six months after a petition filed by the complainant was dismissed as withdrawn, Justice Gurvinder Singh Gill has posted another petition in the matter for hearing later this month for enabling his counsel “to seek necessary instructions and to verify about passing of order dated August 18, 2022”.

Taking up a petition filed by Tulsi Ram Mishra, Justice Gill observed an FIR was registered on November 9, 2009, at the Vigilance Bureau police station, FS-1, Mohali, under the provisions of the Prevention of Corruption Act against respondent-Janjua.

The Punjab Governor had accorded sanction for prosecuting the respondent/accused, which was challenged by him by filing a petition. It was dismissed by the high court vide order dated January 24, 2014.

The respondent/accused challenged the order by filing an appeal. It, too, was also dismissed vide order dated August 11, 2014, while granting liberty to raise all the pleas before the trial court.

Considering an application for discharge filed by the respondent-accused, the trial court noticed that the power of an IAS officer’s removal from service vested with the central government.

But the sanction for prosecuting respondent/accused vide order dated April 27, 2010, had been accorded by the Government of Punjab. The application for discharge was, as such, accepted.

Justice Gill observed the Government of Punjab wrote a letter to the central government to accord sanction to prosecute the respondent. But subsequently withdrew the request vide letter dated March 26, 2018.

Justice Gill also observed that the counsel for the petitioner/complainant challenged the letter dated March 26, 2018, by way of filing a civil writ petition, but ultimately withdrew the petition. The counsel for respondent passed on to the court a photocopy of the order dated August 18, 2022, passed in the writ petition, which was taken on record.

The order, among other things, said the petition had been filed for the issuance of direction for quashing the impugned letter dated March 26, 2018, vide which a grave illegality and impropriety was committed by withdrawing the request of prosecution sanction.

But the counsel for the petitioner on instructions from Tulsi Ram Mishra, present in the Court, contended that he wished to withdraw the present writ petition.

Taking a note of the facts, Justice Gill in the ongoing petition concluded: “The matter, as such, is adjourned so as to enable the counsel for the petitioner/complainant to seek necessary instructions and to verify about passing of order dated August 18, 2022 in CWP No.1406 of 2020.”

Chief secy booked in 2009

• An FIR was registered against Vijay Kumar Janjua under provisions of the Prevention of Corruption Act in 2009
• The Punjab Govt wrote to the Centre to accord sanction to prosecute Janjua. But subsequently withdrew the request
• Complainant Tulsi Ram Mishra challenged the withdrawal letter by filing a civil writ petition in 2020, but ultimately withdrew the plea. Order dismissing the petition filed in 2020 as withdrawn was passed on August 18, 2022
• As another petition filed in the matter by Mishra way back in 2016 came up for resumed hearing, the Bench adjourned the hearing to enable counsel for the complainant to seek necessary instructions and to verify about passing of order dated August 18, 2022