Saurabh Malik

Tribune News Service

Chandigarh, August 20

The Punjab and Haryana High Court has referred to political and personal rivalry between former and incumbent CMs Parkash Singh Badal and Capt Amarinder Singh and their families before ordering former DGP Sumedh Singh Saini’s release from the Vigilance custody on the ground of being held illegally.

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Justice Arun Kumar Tyagi asserted: “There is political and personal rivalry between Badal and Capt and their families, which dates back to the late 1990s, and findings were recorded regarding this political vendetta in (various) orders…” The reference assumes significance in the context of submissions earlier made by Saini while seeking the transfer of investigation of cases registered against him to the CBI or any other independent agency outside Punjab.

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Takes exception to mail by officer

• Justice AK Tyagi took exception to an email received, during hearing, on the court’s ID purportedly sent by IO Harvinder Pal Singh.
• Justice Tyagi said: “This court reserves the right to take action in respect of the email casting aspersions regarding hurry in hearing the matter without realising any habeas corpus plea raises issue of unlawful detention which has to be heard urgently.”

Saini’s prayer was based, among other things, on the grounds of “mala fides on the part of Capt Amarinder and members of the ruling party”. Taking up the matter, the court had directed the placement on record the copies of the FIRs registered against Badal, Capt Amarinder and “their associates”.

Justice Tyagi also referred to the FIRs registered against Badal and Capt Amarinder. Reference was also made to Capt Amarinder’s adviser Bharat Inder Singh Chahal’s allegations of police torture.

Chahal was made a respondent in the habeas corpus petition seeking Saini’s release. Justice Tyagi observed the notice to respondent Chahal was considered unnecessary. “No relief as such is claimed against him and he has been impleaded only because of the allegations as to respondent BK Uppal, IPS, being his stooge and detainee Saini having been illegally detained and tortured on his instance.”

Justice Tyagi added Saini was alleged to have committed offence of forgery under Section 467 of the IPC by ante-dating agreement to sell purporting to have been executed on October 2, 2019. It was on plain paper, and not on stamp paper, to create a defence to attachment of the house allegedly acquired with bribe money taken by Nimratdeep Singh and given to his father Surinderjit Singh Jaspal. “It is doubtful as to whether the allegations as to execution of agreement to sell dated October 2, 2019, to create a defence to attachment of the house satisfy the ingredients of Section 464 of the IPC so as to constitute the offence punishable under Section 467 of the IPC,” Justice Tyagi added.