The Supreme Court on Friday adjourned the hearing for four weeks in a plea filed by former Punjab DGP Sumedh Singh Saini against the Punjab High Court’s rejection to stay further investigation in the alleged murder case of Balwant Singh Multani.

The matter was listed before the three-judge bench of Justices Ashok Bhushan, R. Subhash Reddy and M.R. Shah. 

Saini had filed a plea before the Punjab and Haryana High Court whereby he had sought invocation of Articles 226, 227 of the Constitution of India 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.

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He had further sought transfer of investigation outside the state to any other Agency or Central Bureau of Investigation. The High Court however dismissing Saini’s plea said,

“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.”

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.”

New Delhi (ILNS): The Supreme Court has sought a response from the state government on a plea filed by former Punjab Director General of Police Sumedh Singh Saini seeking quashing of a new FIR lodged against him in the 1991 case. 

The case relates to the alleged murder of junior engineer Balwant Singh Multani in 1991. The Punjab government told the court that it would give a statement on the next date of hearing in the case. The Punjab and Haryana High Court had on September 8 dismissed Saini’s plea to quash the case or hand it over to the CBI. 

A bench of Justices Ashok Bhushan, R. Subhash Reddy and M. R. Shah asked the Punjab government not to take further action in the matter. The bench sought the state government’s response to Saini’s petition within four weeks. 

Senior advocate Mukul Rohatgi, on behalf of Saini, said during his trial through video conference that the illegal and malicious prosecution of his client should be stopped as one case after another was filed in the case. He said that he retired from the post of Director General of Police of Punjab in 2018 and the root of the problem is that he had filed five criminal cases against the current Chief Minister of the state.

Rohatgi said, “I will show how the government is taking vengeance in this matter.” I am fighting against the state and its chief minister.

Multani’s father says that his son was tortured by Saini and others and the then government said that Multani escaped and was never found again. Giving details of the case, Rohatgi said that Multani had never been seen since 1991 and when his father filed a habeas corpus petition in the High Court, the government said that Multani had escaped from custody.

Rohatgi said that in May this year, an FIR was lodged on the complaint of Multani’s brother as his father had died in 2014. Rohatgi termed it a case of political vendetta and said that the Punjab government has no right in the matter as the alleged torture took place in 1991 in Sector 17 of Chandigarh, which is a union territory. 

The bench said that it is issuing notice to the Punjab government in this matter and sought to know from Gopal Subrahmanyam, presented on behalf of the state government, how much time they need to file the reply? To this Subrahmanyam answered that he needed at least three weeks. 

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On this, the bench ordered the matter to be listed hereafter. The bench said to Subrahmanyam, “Do not be hasty in a matter which may cause problems. Since it has not taken action for the last one month, do not take further action. You withdraw your new petition from the High Court.” Subrahmanyam said that he would give a statement in this regard on the next date of hearing.

Last month, the apex court had granted protection from arrest to Sumedh Singh Saini in the same case.

-ILNS

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