HC declines Sumedh Saini’s prayer for 7-day prior notice if required in any other case henceforth

Saurabh Malik

Chandigarh, April 8

The Punjab and Haryana High Court on Friday declined former Punjab police chief Sumedh Singh Saini’s prayer for the issuance of seven-day prior notice in case he was required in any other case henceforth. Saini and the State also reached a consensus that investigation in two FIRs registered against him would be carried out by a special investigating team (SIT) headed by Punjab Additional Director-General of Police S.S. Srivastava.

Taking up the matter, Justice Avneesh Jhingan of the Punjab and Haryana High Court also made it clear that that petitioner Saini would join investigation in all the FIRs in which he was protected, “irrespective of the phraseology used for protection”.

Justice Jhingan added the issue of exemption from personal appearance considering his “Z” category security cover could always be made before the trial court. “It would be for Court concerned to deal with the prayer in accordance with law at an appropriate stage”.

Justice Jhingan observed Saini’s counsel Sant Pal Singh Sidhu, after arguing at length, restricted his prayer that investigation in FIR number 11 registered on September 17, 2020, for cheating, forgery and other offences under Sections 409, 420, 467, 468, 471, 120-B of the IPC and the provisions of the Prevention of Corruption Act at Vigilance Bureau police station in Mohali, and another FIR number 13 dated August 2, 2021, registered under the provisions of the Act and the IPC, should be transferred to the SIT.

Justice Jhingan observed there was consensus between the petitioner and the State that the investigation of FIRs number 11 and 13 would be undertaken by SIT headed by Srivastava. Investigating agency would not proceed in the FIR number till April 26 to enable the petitioner to avail the remedies under Section 438 CrPC (anticipatory bail) if so desired.

In case he was nominated in FIR number 124 dated September 3, 2021, registered at Balongi police station in Mohali district, the investigation at that stage would be handed over to the SIT. Seven-day prior notice would be given to him in case he would be required in this FIR.