New Delhi: The Supreme Court expressed “shock” over an “unprecedented” order passed by the Punjab and Haryana High Court giving a blanket protection from arrest to former Punjab Director General of Police Sumedh Singh Saini in all pending and future criminal cases against him till April 20.
“This is an unprecedented order. How can future course of action be stayed? It’s shocking and three of us (on the bench) feel it’s unprecedented. This will require hearing,” a three-judge Bench led by Chief Justice of India NV Ramana said.
“We will request the HC to dispose of the petition… by another judge and not the same judge within two weeks. We request the Chief Justice (of Punjab and Haryana HC) to take it up himself or by any other judge… we will keep this matter pending (in SC),” CJI Ramana said, posting it for hearing after four weeks. Assailing the HC order, Punjab Advocate General DS Patwalia said, “There’s blanket stay… protection against everything.”
On behalf of Saini, senior counsel Mukul Rohatgi sought to defend the HC order, saying, “The state has not followed a single order. He (Saini) has survived an assassination attempt. Whatever it may be, you can’t pass an order saying in future cases also he can’t be arrested… What is this?” the CJI asked Rohatgi.
Justice Arvind Singh Sangwan had earlier ordered that Saini should not be arrested till April 20 in pending and future cases against him, except the Balwant Singh Multani murder case pending before the top court. Justice Sangwan, who had earlier noted Saini’s involvement in multiple cases could be a “political ploy in the wake of the coming state Assembly elections”, said the order was being passed considering the exceptional circumstances and hardships being caused to Saini by the state of Punjab on political grounds.
The Supreme Court had on September 15, 2020 granted protection from arrest to Saini in the 1991 Balwant Singh Multani murder case.
