On Tuesday, the Haryana government, through Inspector General of Police, (Crime Branch, Gurugram) Dr. Raj Shri Singh, submitted its affidavit. Coming down heavily on Haryana government for taking “shelter” in “pendency of the writ petitions” for not proceeding with the investigation in cases against former and sitting MPs and MLAs, the Punjab and Haryana High Court Tuesday warned that it will be forced to “pass appropriate orders” if there’s no progress in probe.
“In case, there is no further progress in the investigation of the cases, the court would be forced to take a serious view of the same and pass appropriate orders, even fixing the responsibility of the concerned officer,” a Division Bench of Justices Augustine George Masih and Lalit Batra said.
The bench was hearing the suo motu matter pertaining to the pendency of cases against the former and sitting MP and MLAs.
On Tuesday, the Haryana government, through Inspector General of Police, (Crime Branch, Gurugram) Dr. Raj Shri Singh, submitted its affidavit.
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Taking up the affidavit, the HC said, “The same story appears to be repeated here where the cases under investigation pertain even to the year 2005. The shelter, which is being sought to be taken for not proceeding with the investigation, is pendency of the writ petitions.”
On a question put by the court as to whether the writ court has granted any stay on investigation or presentation of the challan, the counsel appearing for state government replied in negative. To this, the bench said, “If that be so, it appears that the investigating agency of the State of Haryana is taking shelter just to delay the investigation and not proceed with it. These excuses, as have been pointed out, are unacceptable and there is no bar to investigate the matter and present the report under Section 173 CrPC before the Ilaqa Magistrate/appropriate Court of jurisdiction.”
Another aspect, which came to light during the proceedings, was that the voice samples were not being taken or not being given by the accused. The Counsel for Haryana, unable to respond to this aspect, prayed for an adjournment.
The court adjourned the hearing to September 7. It, however directed that “the needful be done within a period of four weeks.”
The Punjab government too filed its status report by way of an affidavit by the Assistant Inspector General of Police, Litigation, Bureau of Investigation, according to which, 48 FIRs are still at the stage of investigation.
For Punjab, Senior Deputy Advocate General Gaurav Garg Dhuriwala pointed out that most of the cases, which are under investigation, are of the year 2022. He, however, acknowledged that there is an aberration as far as the old cases are concerned. He further stated that he would file a detailed status report on the stage of the investigation and the period which is likely to be taken for presenting the challan in the court.
Regarding the cases where the investigation has been completed and challan presented, it was pointed out by the Amicus Curiae, Senior Advocate Rupinder Khosla, that the stage of the trial has not been mentioned.
The Amicus Curiae contended that it has not even been mentioned as to whether it is for the prosecution or the defence evidence nor it has been duly mentioned as to how many witnesses have been examined or which the prosecution intends to examine. Garg, acknowledging this deficiency, prayed for some time to submit the details.
For Chandigarh, Senior Standing Counsel Anil Mehta submitted a status report. Among others, UT counsel by way of affidavit, mentioned an FIR registered against former MLAs of Punjab for protesting outside CM’s residence in Chandigarh. Mehta submitted that the CCTV footage of the CM’s residence is awaited. The competent authority shall take a call on this and convey the decision to the investigating agency within a period of four weeks.
The HC said that a perusal of the report submitted by the UT, which give the stage of the case, shows that the same lacks in position with regard to the stage and status of the trial. “It has been mentioned therein that as to why in some of the matters, the presence of the accused is being sought for almost one year and why has the investigating agency has not approached the court for taking coercive steps for ensuring the presence of the accused, against whom the challan has been presented.”
“Let the said information along with the status of each of the case including the witnesses examined and those remaining, be given and submitted to Court within a period of four week,” ordered the HC.
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