The CBI Court, however, stated that the CBI or the complainant has liberty to move before the appropriate authority or superior court against the final order of DIG of Police, Chandigarh, in accordance with law.
After the Chandigarh Police DIG declined the prosecution sanction against Inspector Jaswinder Kaur in the 2017 graft case, the special CBI Court of Chandigarh on Wednesday disposed of the application for consideration of deemed sanction against Kaur, stating that “this court cannot take cognizance of the offence against the proposed accused Jaswinder Kaur”.
The DIG Chandigarh Police on Tuesday had submitted the status report regarding Kaur’s prosecution sanction, which said that no substantive evidence were placed on record by the investigating agency to prove her involvement.
Meanwhile, CBI counsel Kanwar Pal Singh submitted that “DIG of Police, Chandigarh has stated that no new facts have been brought in the light by the complainant in his application under Section 319 of Criminal Procedure Code, however, the question of coming of new facts does not arise because previously no sanction order has been passed by the competent authority in the matter and it is the first time the competent authority has to consider the facts and circumstances of the case”.
Meanwhile, complainant Prem Bisht also submitted that DIG of Police Chandigarh has not considered the call details among himself, accused Mohan Singh and proposed accused Jaswinder Kaur before laying the trap, which strengthen his allegations and his deposition before the court.
He said that a CCTV footage of PS 31 showed that he met accused Mohan Singh and thereafter, a meeting was held between accused Mohan Singh and proposed accused Jaswinder Kaur. However, even the technological evidence was not considered by the DIG of Police Chandigarh.
After hearing the arguments and report of the DIG, UT, the Court held that “This court cannot take cognisance of the offence against proposed accused Jaswinder Kaur, as sanction for prosecution of proposed accused Jaswinder Kaur has been declined by the DIG of Police, UT, Chandigarh, who is the competent authority in the matter.”
The CBI Court, however, stated that the CBI or the complainant has liberty to move before the appropriate authority or superior court against the final order of DIG of Police, Chandigarh, in accordance with law.
Bisht is the complainant in the graft case against SI Mohan Singh, who allegedly demanded Rs 9 lakh from him to drop the names of three of his employees from an attempt to murder FIR, on directions of then SHO PS 31 Jaswinder Kaur.
The CBI had held Mohan Singh in 2017 while accepting bribe of Rs two lakh from Prem Singh Bisht at Sector 31 market.
The CBI, though, had non-chargesheeted Jaswinder Kaur initiatlly; later on plea of Bisht, CBI Court had asked the DIG Chandigarh Police for a status report for grant of prosecution sanction against Kaur.