Police try to make amends, seek state’s nod for probe

CHANDIGARH: Embarrassed at its blunder, Haryana Police on Tuesday tried to make amends by seeking an approval of the state government for conducting probe into the offence, alleged to have been committed by former chief minister Bhupinder Singh Hooda under the amended Prevention of Corruption (PC) Act. However, it may not be enough.

HT had on Monday reported a faux pas committed by the Gurgaon police in registering a criminal case against Hooda under the PC Act without taking prior approval of the state government, a condition mandated under the amended graft law. A case under Section 13 of the PC Act was registered by the Gurgaon police against Hooda on Saturday in a suspected land deal involving Robert Vadra’s company, Sky Light Hospitality and realty major DLF.

Section 17A of the amended Prevention of Corruption Act says that the police cannot conduct an inquiry or investigation into any offence alleged to have been committed by a public servant, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval of the state government or central government (as the case may be) or the competent authority.

Director general of police BS Sandhu said documents seeking approval were received from the Gurgaon commissioner of police on Monday and were sent to the home department. The DGP, in a bid to brush off the gaffe, maintained that the investigation into the matter was yet to start and the requirement of taking prior approval will be met.

However, when it was pointed out that as per the Code of Criminal Procedure (CrPC), the investigation starts with the registration of FIR and there was a Supreme Court ruling to support this, the DGP said he was speaking from his understanding as a police officer. “If there are any anomalies, it would be settled in the court of law,” he said. Gurgaon commissioner of police did not respond to the text message and phone calls.

SC ORDER SAYS PROBE UNDER CRPC COMMENCES WITH LODGMENT OF INFORMATION RELATING TO THE COMMISSION OF AN OFFENCE

SC DEFINED INVESTIGATION

A Supreme Court bench of justices P Sathasivam and BS Chauhan had in its March 1, 2011, order said: “Under the scheme of the Code of Criminal Procedure, investigation commences with lodgment of information relating to the commission of an offence.”

The FIR registered by the Gurgaon police on Saturday also says: “Registered the case and took up the investigation… ASI Sajjan Singh to take up the investigation.”

THE OMISSION

The omission of not taking prior approval for registering a case under PC Act against the former CM has repercussions which could adversely affect the probe and maintainability of the FIR.

“The police are seeking approval after initiating the investigations which is in contravention of the amended law,’’ said a legal expert.