HC to decide on Saini’s bail plea today
Saini’s counsel pleaded that FIRs were filed against him because he had launched probes against Congress leaders and their families
CHANDIGARH : A Punjab and Haryana high court bench will pronounce its judgment on two pleas of Sumedh Singh Saini, former DGP of Punjab Police, including one for anticipatory bail in the Balwant Singh Multani disappearance case of 1991 on Tuesday. The second petition seeks quashing of the FIR or the transfer of investigation to the CBI. Both the pleas were taken up by the bench of justice Fatehdeep Singh on Monday.
08, 2020
CHANDIGARH A Punjab and Haryana high court bench will pronounce its judgment on two pleas of Sumedh Singh Saini, former DGP of Punjab Police, including one for anticipatory bail in the Balwant Singh Multani disappearance case of 1991 on Tuesday.
The second petition seeks quashing of the FIR or the transfer of investigation to the Central Bureau of Investigation (CBI).
Both the pleas were taken up by the bench of justice Fatehdeep Singh on Monday.
During the hearing that started at around 11.30am and continued till 4.30pm, Saini’s counsel pleaded that the FIR filed against him for the disappearance of Mohali resident Multani was the result of a mala fide act against him for launching probes against Congress leaders and their relatives to unearth scams.
Senior advocate APS Deol argued that because he was earlier granted bail in the same case when it was registered for kidnapping, he should be granted anticipatory bail on addition of murder charges too.
He added that earlier, for the same incident, the CBI had registered an FIR in 2008, but the Supreme Court had set it aside. Hence, the second FIR in the same offence is not maintainable.
On the other hand, Punjab Police argued that fresh evidence has come on record on Saini’s alleged involvement in Multani’s murder case. Hence, the question of political victimisation does not arise.
When the accused was granted bail for offence of kidnapping, investigation was at its initial stage and there was hardly any evidence collected by the special investigative team (SIT). Now, there is sufficient evidence on record to prove indictment of Saini in the custodial death of Multani, said Punjab Police special public prosecutor Sartej Singh Narula. Besides him, the government has also roped in two Supreme Court senior advocates, Sidharth Luthra and Harin Rawal.
The police have told court that custodial interrogation was required to find out about involvement of other officials in the illegal abduction, detention, torture, and disposal of the body of Multani.
The prosecution has also shared details of other cases against Saini.
The petition seeking quashing of the FIR or CBI transfer was taken up on the issue of maintainability and order in both the cases was reserved.
Two judges had recused
Previously, two judges had recused from this case — justice Suvir Sehgal from hearing the bail plea on Friday and justice Amol Rattan Singh from hearing the petition seeking quashing of the FIR, pending in HC since August 19, on September 2. On September 1, additional district and sessions judge of Mohali had dismissed Saini’s anticipatory bail plea.
The former DGP, whose whereabouts are not known at present, was booked in May for alleged kidnapping of Multani, a junior engineer with the Chandigarh Industrial and Tourism Corporation (Citco) in 1991 and son of a bureaucrat. Multani had been picked up by the police after a terrorist attack on Saini, the then Chandigarh SSP.
Initially, the case against him was registered for offences of causing disappearance and abduction at Mataur police station in Mohali.
The murder section was added in August after two cops, initially named as accused, turned approver.