P&H HC Stays Arrest And Probe In All FIRs Against Ex-DGP Saini Till 2022 Elections

CASE TITLE

SUMEDH SINGH SAINI VS STATE OF PUNJAB AND ANR.

KEY TAKEAWAYS

The current Chief Minister of Punjab was also the CM of the state when the petitioner was exposing the corrupt officials.

• There was just a political vendetta against the petitioner.
• The Punjab police reached the High Court regarding this case which showed the nature and investigation of the police.

BACKGROUND OF CASE

• The petitioner is a retired IPS officer, who served the state of Punjab for 36 years.
• He was involved in cases of counter-terrorism and anti-insurgency operations.
• He was awarded the President’s Police Medal for gallantry and Wound Medal (Parakaram Padak).
• During the period of excessive terrorism, an attempt to assassinate him was made in the year 1991.
• When he was on a private visit to the UK in 1998, an attempt to kill him was made.
• He denied compensation from the government when his house was burnt to the ground by terrorists.
• He also exposed the corrupt officials in various scams.
• Due to all these reasons, the petitioner became an eyesore for the Chief Minister of Punjab.

PROCEEDINGS

• The learned counsel of the petitioner stated that prosecuting the petitioners was just a political ploy.
• The counsel of the petitioner also stated that the FIRs against the petitioner were a political vendetta and it would be appropriate for the state of Punjab to give one-week prior notice to the petitioner before arresting him.
• The one-week prior notice shall enable him to take recourse to legal remedies which are available to him.
• The state was trying to arrest him alleging that he committed some non-bailable offences.
• The Punjab vigilance bureau arrested him. Then his wife filed a habeas corpus writ petition in the High Court, which then ordered his release from the custody of the vigilance bureau.
• A complaint was registered by a head constable that an unknown person assaulted him on social media by leaking a video pertaining to the petitioner’s arrest.
• The counsel of the petitioner stated that the general legislative elections were due in the state of Punjab in February 2022. So, the state government was trying everything to get the petitioner arrested by involving him in different cases, even after the court orders interim protection to the petitioner from the illegal detention.

COURT’S OBSERVATION

• After hearing the parties, the court held that the involvement of the petitioner in many cases is just a political ploy because of the upcoming state legislative assembly elections.
• The court also observed that the Punjab police was trying to reach the court which clearly indicated the nature of the investigation of Punjab police.

HOPE YOU FIND THIS SNIPPET INFORMATIVE.

Questions:

1. Should Punjab police and Punjab vigilance bureau be prosecuted?
2. Why one week’s time shall be given before arresting the petitioner?