'Untraceable' Accused Declared Proclaimed Offender By Punjab Police Caught On VC Watching Court Proceedings: HC Directs Furnishing Details Of Assets

The Punjab & Haryana High Court has directed the renowned real estate developer Jarnail Singh Bajwa, who was declared a proclaimed offender in 2022, to furnish details of all his assets after he was suddenly caught monitoring his case proceedings on Video Conferencing.

The Court had also summoned DGP Punjab over the lackadaisical approach of Punjab Police in investigating over 50 FIRs lodged against him on various charges including fraud and irregularities in the residential and commercial projects.

When the Court asked the DGP Punjab, Gaurav Yadav, and the counsel for Bajwa, about his whereabouts, they did not have any answer.

However, suddenly during the proceedings, the Secretary of the Court noticed that Bajwa was monitoring the Court proceedings through VC.

On instructions from the bench, the command on the website was given, which caught Bajwa unaware. "Neither the State investigating agency nor learned Senior Counsel appearing on his behalf had any clue," the Court noted.

Justice Sandeep Moudgil said: "It is beyond an imagination to believe that at one end respondent No.4  (Jarnail Singh Bajwa ) has appeared through VC mode, today but even Mr. Hundal, learned Senior Counsel (appearing for Bajwa) has shown ignorance about his whereabouts, representing him in Court. Above all Chief of Police Department present in Court was also unaware and had come on record on the affidavit to say that despite all efforts including raids conducted at all suspected places, he is untraced though wanted in various FIRs by the Police for years together."

Background

These observations were made while hearing the petition filed by one Kuldeepak Mittal, who was working as a partner in a firm with Bajwa. The petitioner contended that the bail granted to Jarnail Singh was cancelled by the High Court vide order dated October 20, 2023. But action to arrest him had so far not been initiated.

During the resumed hearing of the matter on August 28, when the Court asked the counsel appearing for Bjawal, about his whereabouts, and why he had not appeared before the Court despite specific directions, it was told that the Supreme Court had stayed the arrest of Bajwa, and he is not required to appear in person.

Bajwa's counsel further submitted that he needed 15 days time to appear before the Court. The Court said that the excuse for non-appearance since the first date of directions was "absolutely vague, having no basis and cannot be considered as cogent and plausible reason for disobeying the directions of this Court."

"No one can be allowed to take such liberty from the court of law and particularly a person like respondent No.4 (Bajwa) who is an habitual offender and by no means he is entitled to any leniency or discretionary relief at this stage,” the court said.

The Court further noted that the stay on arrest was granted by the Supreme Court subject to cooperation in the investigation. "Respondent-State as well as learned Senior Counsel for respondent No.4 have admitted that he has not yet joined the investigation, therefore, the question of cooperation with the investigation does not arise at all," it observed. 

Justice Moudgil also noted that the DGP Punjab "candidly admitted the failure and laxity of law enforcing agency on this aspect."

The High Court further highlighted that "it cannot lose sight" of the fact that Bajwa is a declared proclaimed person by Judicial Magistrate Kharar on July 4, 2022, in a complaint case of 2017, which is pending and to date, he has not associated himself in the trial proceedings.

However, on the assurance given by Gurminder Singh, AG Punjab as well as Gaurav Yadav, DGP that the investigations in all the pending FIRs will be concluded in a time frame manner, the Court directed the State to file a comprehensive stand within a specific time frame in which the investigations in all the pending FIRs.

The Court exempted the personal appearance of DGP Punjab till further orders.

Title: Kuldeepak Mittal v. State of Punjab & Ors.

Mr. R.K. Jaswal, Advocate for the petitioner.

Mr. Gurminder Singh, Advocate General, Punjab with Mr. ADS Sukhija, Addl. AG, Punjab.

Mr. J.S. Rattu, DAG, Punjab.

Mr. Puran Singh Hundal, Sr. Advocate with Mr. Shiv Kumar Sharma, Advocate for respondents No.4 to 6.

Click here to read/download the order