The Supreme Court of India has termed the Punjab and Haryana High Court’s order granting protection from arrest to former Punjab DGP Sumedh Singh Saini as ‘unprecedented’ and ‘shocking’. The High Court had given protection to Saini on September 10, 2021, from getting arrested in all cases pending against him or even in future cases that are likely to be registered, till the assembly elections in Punjab.
“This is an unprecedented order and we do not encourage these kinds of orders. You can give protection in the present case, but what is this…How can the relief be granted in future FIRs or cases,” said the bench comprising Chief Justice N V Ramana and Justices A S Bopanna and Hima Kohli. The bench also requested the Chief Justice of the Punjab and Haryana High Court to hear the case either himself or set up another bench in two weeks.
The Punjab government had approached the apex court challenging the high court orders granting protection from coercive action such as arrest to Saini.
Appearing for Saini, senior advocate Mukul Rohatgi contended that his client was a decorated officer and had fought terrorism but the state government has lodged half a dozen cases against him. “Whatever it may be, no such orders can be passed,” said CJI Ramana, adding that none of the judges at the bench have seen such a ‘shocking order in their lives’.
The High Court had said that cases against Saini can be a political ploy and had thus granted him protection from arrest till the polls. “Considering it to be a case of exceptional circumstances and hardship being caused to the petitioner by the state of Punjab (on political grounds), there will be a clear stay for the arrest of the petitioner in all cases pending or likely to be registered or registered or where he is sought to be implicated in the aid of Section 120 B IPC (conspiracy),” the HC had said. The high court had also stayed conducting further investigation in all the FIRs pending against Saini.
One of the cases against Saini is related to the disappearance and murder case of junior engineer BS Multani in 1991 in which the Supreme Court had granted anticipatory bail to Saini.
(With PTI Inputs)