The accused, through his counsel, had claimed that the Delhi Special Police Establishment Act granted the state power to give consent for a CBI probe. (Representational)The Punjab and Haryana High Court on Monday dismissed the review plea by an accused in the sacrilege cases, which sought review of the HC order, dated January 25, 2019, upholding Vidhan Sabha resolution to withdraw consent for a CBI probe.
The detailed order in the matter was yet to be released by the court.
The accused, Sukhjinder Singh, sought review of Justice Rajan Gupta’s order, dated January 25, 2019, upholding the Vidhan Sabha resolution to withdraw consent for the CBI probe.
Sukhjinder Singh, through his counsel, had claimed that the Delhi Special Police Establishment Act granted the state power to give consent for a CBI probe. But the Act did not have provision for permitting the state to withdraw such a consent. The counsel also submitted that the applicant was never a party before the court during the first round of litigation, and secondly, the FIRs, subject matter of the first round, were separate. Two FIRs on police firing were never investigated by the CBI and were withdrawn before the files could physically be handed over.
However, Punjab Advocate General Atul Nanda submitted that an applicant who is not a party to the original writ petition cannot file a review. The Advocate General relied upon three judgments of the Supreme Court and the Punjab and Haryana High Court which specifically lay down that an applicant who is not a party to the original writ proceedings cannot file a review.
Justice Gupta’s Bench was also apprised of a letter, dated July 29, 2019, by the Special DGP, Directorate of Bureau of Investigation, to the CBI, forwarding certain new/relevant information on sacrilege cases. Questioning the Punjab AG on the letter’s veracity, Justice Gupta asked whether the action amounted to contempt of court and a breach of Vidhan Sabha privilege. Nanda clarified that the action was without jurisdiction and an Additional Chief Secretary had written to the Union Secretary, DOPT, with a copy to the CBI director for return of cases to the state.