HC ORDERS SAINI’S RELEASE FROM VIGILANCE CUSTODY
CHANDIGARH: In a major relief to former Punjab Police chief Sumedh Singh Saini, the high court on Thursday ordered his release from the vigilance custody.
The former DGP was arrested by the vigilance bureau in a land fraud case on Wednesday. Saini had gone to the bureau office to join investigation in a corruption case as directed by the HC when he was arrested. The ex-dgp’s release was ordered around midnight by the bench of justice Arun Kumar Tyagi, after two rounds of hearing, in an application moved in a 2018 petition, said lawyers associated with the case.
“The court termed his arrest as abuse of process of law and observed that he was arrested in violation of three HC orders. The court has ordered that in the event of his arrest in this case and corruption case, a seven-day prior notice must be given,” said Saini’s lawyer, HS Deol.
The case was taken up by justice Tyagi at 11:30 am and after around 30 minutes of hearing he summoned records pertaining to the arrest and FIR details by 3 pm. The hearing continued in the evening for nearly 3 hours.
The state had roped in a battery of lawyers, including Supreme Court senior advocate, Sidharth Luthra who was assisted by five others. Senior advocate APS Deol appeared for Saini.
In the fresh plea filed on August 18, Saini had expressed apprehension of false implication in criminal matters on account of “malice, mala fide and ulterior motives”, attributed to the political party in power in
Punjab. The 2018 plea was filed for transfer of FIRS, which have been registered against him, to the CBI.
In March this year, the court had sought details of FIRS in the cases in which Saini’s involvement is being probed and further ordered that if the former DGP was to be arrested in a criminal case pertaining to his service period, he be given an advance notice of seven days.
Due to pandemic, the case could not be taken up and was listed for hearing in November.
As the hearing began in the morning, the Punjab government lawyers sought time from the court to respond to the plea for preponing of hearing in the 2018 plea.
However, the court did not agree. It noted that preponement plea was filed on August 18 and the same evening Saini was arrested. “.. it is expected that parties will maintain status quo and will not disturb the same whether the case be on criminal side or civil side without approaching the court for appropriate directions,” the bench said while expressing its displeasure over vigilance bureau action.
The observation came in view of the fact that the case could not be taken up due to pandemic and that there was a general order from chief justice extending status quo during this period in all matters.
The vigilance took Saini to Mohali court around 12.30 pm. However, when the message was received about the HC order, the hearing was deferred till 4 pm. Saini was in the court till the filing of the report as the detailed order from the HC was awaited.
The HC also took up another plea filed on Thursday by Saini’s wife, alleging illegal detention by the vigilance bureau. It was taken up in the morning by the bench of justice Vikas Bahl and ordered listing before justice Arun Kumar Tyagi.