Punjab vigilance bureau to file recall plea against HC order for Sumedh Singh Saini’s release

CHANDIGARH: Punjab vigilance bureau has decided to file a recall petition in the high court against the August 19 order that released former state police chief Sumedh Singh Saini from detention in a land fraud case. The bureau will also move against the high court’s interim bail order to Saini on August 12 in the disproportionate assets case against the former DGP.
Saini was arrested on August 18 in the land fraud case at the vigilance bureau office in Mohali. He had gone there in accordance with the high court order awarding him interim bail subject to him joining the investigation in FIR number 13 within seven days of the grant of bail.
In its order dated August 19, the HC had declared Saini’s detention “illegal in circumvented violation of protection orders dated October 11, 2018, and September 23, 2020, and interim anticipatory bail order dated August 12, 2021.”
Ordering Saini’s interim bail, the HC had, on August 12, 2021, stated: “For joining loose ends, if any with regard to the documentary evidence or banking transactions, this court is of the opinion that custodial interrogation of the petitioner is not required. The petitioner is granted interim bail subject to his joining investigation within one week from today.”
Pointing out that the former DGP had chosen to visit the office late in the evening on the last day of the sevenday period, an official spokesperson of the vigilance bureau said Saini had thus failed to follow the HC orders in letter and spirit. “Saini intentionally exhausted the 7-day period during which he had to join the investigation in accordance with the interim order in FIR number 13, and even then, he arrived at the Sector 68 Mohali office of the bureau without any prior intimation to the investigating officer (IO). In fact, he intentionally did not go to the office of IO VB, Unit SAS Nagar, Quarter No. 69, Police Housing Complex, Sector-62, SAS Nagar,” the spokesperson claimed.
The bureau has now decided to file a petition in HC seeking the recall of its interim bail orders in the disproportionate assets case. The case relates to 35 properties and certain bank accounts of Nimratdeep XEN, with balance and transactions worth Rs 100 crores, including some in crores of rupees with Saini, leading to his undue enrichment, and exhibiting that he held assets far exceeding his income, the spokesperson added.
Sufficient ground was also made out in the land fraud case for the state to seek recall of the HC orders releasing Saini from detention, the spokesperson said. Firstly, Saini had been taken into custody not under FIR 13 (where he had got interim bail) but in a case related to FIR 11 in which he had no protection from arrest. The criminal acts in FIR number 11 and FIR number 13 are different, he added.
Secondly, the earlier protection orders of the HC, dated October 11, 2018, and September 23, 2020, do not apply to this particular case as those had provided for 7-day notice to be given to Saini before arresting him for any offences committed during his service period. Saini retired from service in June 2018 and the illegal land fraud case was related to 2021, so he was not protected from arrest without notice by the said orders, explained the spokesperson.
The land fraud case relates to Saini allegedly conspiring with Surinderjit Singh Jaspal to forge a property purchase agreement. The bureau had charged Jaspal, who is the father of Nimratdeep, and Saini with conspiracy to prevent attachment of House 3048, Sector-20/D, Chandigarh, and had also accused them of creating a false agreement and using it as valuable security. Hence, the bureau has claimed that Jaspal and Saini had committed offences u/s 465, 467, 471 r/w 120-B IPC.