Cases withdrawn from CBI on legislature’s will :Govttohc

Bench reserves judgment while hearing a bunch of petitions seeking quashing of justice Ranjit Singh (retd) panel report and demand for a CBI probe

CHANDIGARH: Dismissing apprehensions of any wrongdoing , the Punjab government on Friday told Punjab and Haryana high court that the decision to withdraw the 2015 sacrilege-related cases from Central Bureau of Investigation (CBI) was taken on the ‘will of legislature’, even as government had recommended two more cases for probe in August 2018.

The high court reserved its judgment on Friday in all the petitions and asked state not to file challan in these cases, being probed by a SIT.

State’s advocate general Atul Nanda defending the government move and told the high court bench of justice Rajan Gupta that government is answerable to legislature. “House felt the probe is not going in the right direction. There is public outcry, people are sitting on road… Punjab has been through difficult phase in the past. So..,” Nanda told court clarifying that even as on August 24 two FIRS were transferred to the CBI after a resolution in the Vidhan Sabha, it was decided to withdraw three cases of 2015 and two cases recommended just four days ago.

The submissions were made during the resumed hearing of a bunch of petitions seeking quashing of justice Ranjit Singh (retd) panel report and demand for a CBI probe in all sacrilege-related cases by some cops named as accused.

Nanda also clarified that the case did not have inter-state ramifications as claimed by the petitioners and said that a letter was written by the chief minister to other states to get proper probe done in such cases so that it proves to be a deterrent.

He also said that a probe can be withdrawn by a state from the CBI.“We will start from where CBI leaves it. It has not reached at a stage where challan is to be filed,” he said.

‘COURTS CAN’T THWART PROBE’

During the hearing, the court too agreed that on the basis of any information received, probe can be started and even courts can’t interfere with that. “Investigation is yet to happen. Credibility of information is to be seen at a later stage,” Nanda said, defending the state’s act of adding names of the cops in the FIRS related to firing incidents in which two persons had lost lives.

Nanda also questioned how the accused persons can seek a CBI probe even as SC says accused can’t chose as to which agency will probe the allegations against them since there are no allegations of malafide as investigation is yet to happen.

Nanda also cited a 2007 case of chief minister Amarinder Singh’s disqualification as member of Punjab assembly arguing that in that case, the Supreme Court had set aside the expulsion order of Vidhan Sabha but the FIR was not quashed and the vigilance bureau was allowed to conduct probe on the allegations against him.

Meanwhile, the CBI did not say anything on Punjab’s decision to withdraw cases and said that it was in the process of finalising its stand.

Appearing for some injured persons, advocate GPS Bal demanded that probe be made time-bound.

The senior advocate of the Supreme Court P Chidambaram had concluded his arguments on petitions challenging the Ranjit Panel’s report on Thursday.