In the Supreme Court on Tuesday, former Punjab DGP Sumedh Singh Saini has sought a stay on further proceedings in the Balwant Singh Multani murder case. Sainia has already got interim bail from the Apex Court in this case.

Senior Advocate Mukul Rohatgi, appearing for Saini, told the bench of Justices Ashok Bhushan, R. Subhash Reddy and M.R. Shah that it may direct the petitioner to appear before the magistrate. Senior Advocate Gopal Subramanium appearing for the state said the chargesheet has been filed and summons has been issued.

Appearing for the original complainant, Senior Advocate Dushyant Dave said this case is a very serious case which involves charges of kidnapping and murder. Saini is facing three other murder charges.

The bench directed Gopal Subramanium to file a copy of the chargesheet along with additional documents. The matter is to be heard in the second week of February.

The Punjab and Haryana High Court had dismissed Saini’s two petitions, one relating to anticipatory bail and the other seeking quashing of FIR and stay on further investigation in the alleged murder case of Balwant Singh Multani.

Saini had filed a plea before the Punjab and Haryana High Court whereby he had sought invocation of Articles 226, 227 of the Constitution to hold that the investigations in case are non-est in the eyes of law; is an outcome of malice, vengeance due to political considerations. Hence, he prayed for a stay on further investigations. He had further sought transfer of investigation outside the state to any other agency or the Central Bureau of Investigation.

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The High Court had dismissed Saini’s plea, saying,

“The petitioner, then a DGP, the highest officer of the State Police force had shown such a scant regard for law, and has not only seriously undermined the fundamental rights of a citizen but gone to the extent of eliminating a precious human life in a manner which is beyond retribution. He has set up a poor image and precedent for the Force which is by virtue of the uniform and service oath to be the Protectors of humans and not the Terminators. What has come across to this Court from the records depict depravity of mind and for which the petitioner deserves no compassion.”

The Supreme Court has allowed the anticipatory bail plea filed by former Punjab DGP Sumedh Singh Saini in 1991 Balwant Singh Multani murder case. The court said, in case he is arrested under 302 IPC, he will be allowed to release on bail bond of 1 lakh and 2 sureties of the like amount.

Saini has been directed to surrender his passport. 

A three-judge bench of Justices Ashok Bhushan, R. Subhash Reddy and M. R. Shah pronounced the verdict on Thursday. The court set aside the order of Punjab and Haryana HC by which it had rejected the anticipatory bail application filed by former Punjab DGP. 

“Considering the fact that impugned FIR has been lodged by the brother of the deceased after a period of almost 29 years from the date of incident and after a period of 9 years from the date of decision of this court in case of Davinder Pal Singh Bhullar,” noted the Supreme Court in its order. 

“Many a time, delay may not be fatal to the criminal proceedings. However, it always depends upon the facts and circumstances of each case. However, at the same time, a long delay like 29 years as in the present case can certainly be valid consideration for grant of anticipatory bail,” said the Supreme Court while allowing the Anticipatory Bail plea. 

The Supreme Court had on November 17 reserved its order and continued the interim protection from arrests, which was granted earlier to Saini. Senior Advocate Mukul Rohatgi, appearing for Saini, had submitted that the illegal and malicious prosecution of his client should be stopped as one case after another was filed in the case and the root of the problem is that he had filed five criminal cases against the current Chief Minister of the state.

Multani’s father had alleged that his son was tortured by Saini and others, while the state government argued that Multani had escaped.

Rohatgi had submitted that in May this year, an FIR was lodged on the complaint of Multani’s brother and termed it a case of political vendetta. It was further argued that the Punjab government had no right in the matter as the alleged torture took place in 1991 in Sector 17 of Chandigarh, which is a Union territory.

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Read the judgment here;

New Delhi (ILNS): The Supreme Court today reserved its order in former Punjab DGP Sumedh Singh Saini’s plea seeking anticipatory bail in the Balwant Singh Multani murder case.

The bench of Justices Ashok Bhushan, R. Subhash Reddy and M. R. Shah on the previous hearing had sought a response from the state government within 4 weeks.

Then, Senior Advocate Mukul Rohatgi, appearing for Saini, had submitted that the illegal and malicious prosecution of his client should be stopped as one case after another was filed in the case and the root of the problem is that he had filed five criminal cases against the current Chief Minister of the state.

Multani’s father has alleged that his son was tortured by Saini and others, while the state government argued that Multani had escaped.

Rohatgi had submitted that in May this year, an FIR was lodged on the complaint of Multani’s brother and termed it a case of political vendetta. It was further argued that the Punjab government had no right in the matter as the alleged torture took place in 1991 in Sector 17 of Chandigarh, which is a Union territory.

Last month, the apex court had granted protection from arrest to Sumedh Singh Saini in the same case. The interim orders will continue.

Read Order here;

New Delhi: The Supreme Court has granted protection from arrest to former Punjab Director General of Police Sumedh Saini in the 1991 case of kidnapping and murder of a junior engineer Balwant Singh Multani. The protection will run till further notice.

The bench of Justices Ashok Bhushan, R. Subhash Reddy and M.R. Shah, while hearing the anticipatory bail plea filed by Saini, told the prosecution (the State of Punjab): “We will give you time to file reply,” while providing protection to Saini.

The bench, however, asked Saini to co-operate with the police in the investigation of the case.

Senior Advocate Mukul Rohatgi, arguing for Saini, said: “This is a very serious matter. He is a decorated officer and he had suffered bullet injuries. Multani is a proclaimed offender in a case.” He said Saini was targeted by terrorists when he was an SSP. He said Saini was an outstanding and dedicated and hardworking officer. Rohatgi added that the FIR was registered against Saini in a mala-fide manner, now he is a retired person.

Rohatgi said:

Justice Bhushan asked: “This case is from 1991. After 30 years what is the hurry to arrest him?”

Senior Advocate Sidharth Luthra, for the State of Punjab, said: “Post registration of the FIR, the statement of the approver has been recorded. Witnesses in the police station have for the first time stated that the picture of Multani released to have escaped from the prison was not Multani at all.

Justice Bhushan said: “We will grant you time to file a reply.”

Saini has challenged the Punjab and Haryana High Court’s September 7 order dismissing his anticipatory bail plea in the Multani kidnapping and murder case.

Punjab Police have also filed a caveat to pre-empt Saini from getting any ex-parte relief from the top court.

Backgrounder

As the case records say, Multani, a junior engineer with Chandigarh Industrial and Tourism Corporation was allegedly picked up by the police in December 1991 after a terror attack on Saini that killed three policemen and injured Saini.

In May a police station in Mohali booked Saini and six others foe the alleged kidnapping. In August a murder charge was added after two of the policemen arrested turned approver and alleged that Saini was a culprit.

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This is not the only case in which Saini is accused. He is on trial in a Special CBI Court in Delhi (plus three others) for allegedly abducting automobile businessman Vinod Kumar, his brother-in-law Ashok Kumar and their driver Mukhtiyar Singh. It has been alleged that the police picked up Vinod and Mukhtiyar from the parking lot of the Punjab and Haryana High Court on March 15, 1994, Ashok was allegedly abducted from Ludhiana the same day.

-India Legal Bureau