The court had sought comments from ASJ Jasbir Singh after these remarks against him in the ‘first transfer application’ dated January 19. More than two weeks after absconding IPS officer Dheeraj Setia, who is an accused in a multi-crore heist case in Gurgaon, had filed applications before the Sessions Judge seeking a transfer of the case from the court of Additional Sessions Judge to another, Additional Sessions Judge Jasbir Singh has recused himself from hearing the case.
When the matter came for hearing before the Sessions Judge Gurgaon, Surya Partap Singh Monday, the court in an order, said, “File put up before me in view of the reference dated 07.02.2022, preferred by Shri Jasbir Singh, learned Additional Sessions Judge, Gurugram. The reference has been made on the ground that in order to avoid any wrong impression, the learned Additional Sessions Judge does not want to hear this case.”
The court said the reference has been accepted and both the bail application and trial in the case have been transferred to the court of Additional Sessions Judge Gurgaon Amit Sahrawat.
In January 2022, Setia had filed two transfer applications — one for transfer of case and another for transfer of his bail application. Both applications were dismissed by Sessions Judge Gurgaon on February 4.
In a common order, while disposing of the applications on February 4, the court had said in the ‘first transfer application’ as per the allegations of the applicant, the presiding officer [ASJ Jasbir Singh] and Dr Sachinder Kumar Nawal, an accused, are “Facebook friends since long and the exchange of messages too had been taken place between them”.
“As per the applicant, the learned Presiding Officer without any material on record treated the disclosure statement of Dr Sachinder Kumar Nawal as gospel truth and recorded the observations that to hush-up the above-mentioned case, some illegal gratification was paid to the applicant… It has been further alleged by the applicant that after recording of above-mentioned observations the above named Presiding Officer started controlling the investigation, by issuing directions to the Investigating Officer and seeking a status report,” the court had said.
The court had further said the applicant claimed that based on assumptions and presumptions the orders have been passed against the applicant.
“As per applicant, it appears from the above-mentioned orders that the learned Presiding Officer has already formed his opinion against the applicant and that the applicant is apprehensive that he will not get justice from the above mentioned court. Hence the instant application for transfer of the case to some other court,” the court had said.
The court had sought comments from ASJ Jasbir Singh after these remarks against him in the ‘first transfer application’ dated January 19. According to the order, the court said in his comments, the ASJ, while refuting the allegations of any prejudice or bias against the applicant, admitted that Nawal was his Facebook friend.
“However, the learned Presiding Officer while denying the above mentioned allegations stated that he has ‘no objection’ if the aforementioned case is transferred to some other Court,” the order had said.
While dismissing the applications, the court observed that the entire thrust of the applicant, while seeking for transfer of the case, has been on how he was falsely implicated based on the disclosure statement of co-accused Dr Sachinder Kumar Nawal and that he is a Facebook friend of ASJ Jasbir Singh.
“In this regard, the most significant fact to be noted is that the above named facebook friend of the learned Presiding Officer had moved an application seeking regular bail in the above mentioned case… The above said bail application has been dismissed by the learned Presiding Officer, vide order dated 21.1.2022. This fact impeaches the creditability of the plea of the applicant that the learned Presiding Officer has got a soft corner for the co-accused Dr Sachinder Kumar Nawal,” the court had said.
The court had added that in his comments, ASJ Jasbir Singh while referring to the principles of law laid down in the cases listed below, stated that he has been performing his duty prescribed under the law and that merely on the asking of a party, who has been nursing an apprehension, the transfer of a case to another court can be detrimental to the administration of justice.
ASJ Jasbir Singh had earlier pulled up the Special Task Force (STF) that probes the heist case, observing its approach as “inert and soft”. While referring to the disclosure statement of Dr Nawal on December 2, 2021, the court had observed that it makes it clear “he has given illegal gratification to (the then Gurgaon) DCP Dheeraj Setia for hushing up the matter”.
On December 16, 2021, the same court had directed the STF to examine the role of all police officers, who have dealt with the case. “Circumstances of the case as unfolded by investigating agency (STF) so far, suggest that DCP Dheeraj Setia might have tried to cover up the multi-crores theft with the active concurrence of his superior officers and with the active involvement, by way of arm twisting, of his junior officers of crime branch,” the court had observed.
Dheeraj Setia, the then Gurgaon DCP at the time of the theft, against whom the Prevention of Corruption Act has been invoked, was suspended on December 10, 2021, after the court had put under scanner allegations of bribery against him.
The theft, reported on August 21, was initially suspected to be of Rs 50 lakh. The STF later said the probe suggests over Rs 30 crore was stolen from two flats of Alpha Corp Gurgaon One society at Sector 84. They have so far recovered Rs 5.8 crore including gold and US dollars in the case. At least 16 people have been arrested including three doctors, aides of gangster Lagarpur and a Delhi police ASI.
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