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Can’t probe, arrest Sumedh Singh Saini till elections in February: Punjab and Haryana High Court

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Tribune News Service

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Chandigarh, September 10

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In an embarrassment for Punjab, the Punjab and Haryana High Court today ruled that former DGP Sumedh Singh Saini’s role in multiple cases could be a “political ploy in the wake of the upcoming state Assembly elections”. The assertion came as the court ordered a clear stay not only on the investigation in all cases against him, but also on his arrest in all registered or likely to be registered cases.

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Also read: High Court draws parallel between fable, Sumedh Singh Saini case

The order would remain in force at least till the elections in February next year. Justice Arvind Singh Sangwan asserted he was conscious of the dare shown by the Punjab Police officials in trying to overreach the court, which was also a circumstance to be considered about the nature and quality of the investigation being conducted by them in the FIRs. In his 46-page judgment, Justice Sangwan asserted the order was being passed considering it to be a case of exceptional circumstances and hardships being caused to the petitioner by the Punjab Government on political grounds.

He asserted there would be a clear stay on his arrest in all cases pending, likely to be registered, or registered, along with matters where he was sought to be implicated “in the aid of Section 120-B of the IPC (conspiracy)”. The only exception would be the Multani case where the matter was pending before the Supreme Court. There would also be a clear stay on conducting further investigation in all FIRs pending against him.

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Saini was directed not to leave the country without the court’s prior permission till then. The case will now come up for hearing on December 13. He was, among other things, seeking directions to the state to handover the investigation to the CBI or to other independent agency outside the state. His counsels APS Deol and HS Deol contended the petitioner apprehended false implication in criminal cases on account of malice, mala fides and ulterior motives on the part of the political party in power in the state.

Court observes…

  • It is conscious of the dare shown by Punjab cops in trying to overreach the judiciary
  • Stay based on exceptional circumstances, hardships caused to petitioner by the govt on political grounds
  • Order to remain in force at least till the elections in Punjab in February next year
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