Police Officers Good With One Government Face The Heat When Govt Changes : CJI Ramana

The Supreme Court on Thursday issued notice in a petition filed by suspended Additional Director General of Police Gurjinder Pal Singh challenging Chattisgarh High court's refusal to grant him ad interim bail in a case filed against him under the Prevention of Corruption Act for allegations of disproportionate assets.

"No question of bail, we'll issue notice" a Bench comprising the Chief Justice of India NV Ramana and Justice Krishna Murari remarked. The Bench has directed the matter to be listed next after 4 weeks. 

The Chief Justice of India further remarked that when police officers are good with one Government, they have to 'face the heat' when the Government changes.

"These officers... when you're good with the government, when government changes obviously you have to face the heat", CJI said

"When governments change, things change" Senior Advocate Kapil Sibal appearing for Singh said

"They forget what they have done" CJI responded.

While hearing a petition filed by Singh in relation to an extortion case against him, Supreme Court had earlier also made scathing oral remarks on 'new trend' in the country where police officers extract money when they are on good terms with the government, and seek protection when they face criminal cases after change in government.

"You can't take protection in every case! You go surrender. You have started extracting money because you are close with the government, this is what happens if you're close with government and do these type of things, you have to pay back one day, that is exactly what is happening", CJI had said. 

Singh has been arrested in connection with a case registered for the offence under Sections 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988 and section 201, 467 and 471 of IPC of IPC (case of disproportionate assets in nutshell).

In the present special leave petition filed through Advocate Abhinav Shrivastava, Singh has argued that his interrogation part is over by the state agency since they themselves have not sought any extension for his police custody and sought for the judicial custody before the court below.

According to the petitioner, the High Court while deciding the impugned order "listed the present case in due course" and in the present times normally the final hearing of his bail petition will take considerably longer time to reach i.e. at least for the minimum period of 3 to 4 months before High Court

The petitioner has argued that the assets mentioned in the investigation against the petitioner also included the properties since the time when he was studying in the school and therefore it shows how recklessly and anxiously the respondents state agency proceeded in the highly chaotic manner to falsely implicate him in the corruption case in whatsoever manner possible.

Prosecution's case:

The case of the prosecution is that Singh is a member of the Indian Police Services and was allotted to the Madhya Pradesh Cadre. After bifurcation, he was allocated to the State of Chhattisgarh under the Chhattisgarh cadre.

Upon receiving an information about the disproportionate assets accumulated by him, an enquiry was conducted whereafter an FIR was registered against the applicant under Section 13(1)(b) and 13 (2) of the Prevention of Corruption Act.

A search was conducted at his residence after obtaining necessary search warrant from the competent Court. An inventory of the seizure was made and the investigation is in progress. The search and seizure conducted by the Investigating agency i.e. Economic Offences Wing have been carried out on the basis of information received and after due satisfaction about the veracity of the information, the crime has been registered. During investigation, Sections 201, 467 and 471 IPC were added.

The State Anti-Corruption Bureau (ACB) and Economic Offences Wing (EOW) had registered an FIR against Singh, under the Prevention of Corruption Act on June 29 after preliminary findings into complaints that he had allegedly amassed disproportionate assets.

On July 1, 2021, the residence of the petitioner was raided by the police and they allegedly found some pieces of papers in a drain behind the house of the petitioner which were later on reconstructed by them into some notes, criticize, statistics report against political party and against few representatives of the various wings of the State.

The contents of the reconstructed documents have been alleged to be illicit vengeance and hatred against the State Government and as a result of which, an FIR against him was registered against him for committing offence under Sections 124A & 153A of I.P.C.

Case : Gurjinder Pal Singh v. State of Chhattisgarh and others

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