Punjab & Haryana High Court Issues Notice On Former Punjab AIG Ashish Kapoor's Contempt Plea Over Registration Of Back To Back FIRs

The Punjab & Haryana High Court has issued a notice in a contempt plea filed against AIG Manmohan Kumar and other police officials for alleged violation of the court’s direction to not act on the recommendation of the State Police Complaint Authority to re-investigate the rape and extortion case against former AIG Ashish Kapoor.

The bench of Justice Arvind Singh Sangwan directed that, “In the meantime, the respondents will ensure that no coercive action is taken against petitioner No.2 (Kapoor's wife) FIR No.21 and FIR No.208, failing which the respondents will remain present before this Court on the said date.”

Kapoor, who was Superintendent of Patiala Jail, in 2019 was booked in a custodial rape and extortion case filed by an inmate, who was accused in FIR 151. In 2022, however, a cancellation report was filed in the matter. The same is pending for consideration before the Magistrate’s Court.

The court was told that after the filing of cancellation report, "Again ‘P’ (complainant) moved a complaint before the State Police Complaints Authority, Punjab alleging same allegations of rape and extortion qua which cancellation report stands submitted before the Illaqa Magistrate. On 06.10.2022, DSP Varinder Singh Gill got FIR No.17 under Sections 7, 7(A) of PC Act read with Sections 420, 120-B IPC against petitioner No.1 with regard to same allegations, which are part of FIR No.3, which, after conducting the investigation, was cancelled by submitting the report before the Special Court."

The State Police Complaint Authority (SPCA) in November 2022 recommended "recommended re-investigation of FIR No.3 and FIR No.151 by registering a new FIR or by re-investigating the same FIRs." In December 2022, a new FIR No.4 was registered. The high court in February this year stayed the direction, the court was told. 

Meanwhile, in May, the High Court granted regular bail to Kapoor in FIR registered u/s 7,7A IPC act and 420,120-B IPC while noting the contention that the case was second FIR for the same cause of action as detailed in FIR No. 3.

"On the same date i.e. 30.05.2023, when the Coordinate Bench of this Court granted regular bail to petitioner No.1 in FIR No.17, another FIR No.21 was registered to ensure that petitioner No.1 does not come out of the jail. It is further submitted that FIR No.21 is registered on the basis of an inquiry, which was started in 2022 regarding disproportionate assets and petitioner No.1 was never arrested from 2022 till the date of registration of FIR and when he was granted bail on 30.05.2023, his arrest was shown in FIR No.21 on the same date," advocate Nikhil Ghai, representing the petitioners, told the court.

Ghai submitted that another FIR was registered in July for criminal intimidation and conspiracy against the couple in violation of the High Court’s order. It is alleged in the FIR that Kapoor along with his wife had tortured the prosecutrix when she was in custody.

“The said FIR in based on Video Clip in which it is alleged that Ashish Kapoor in seen slapping prosecutrix.The said video was already taken into consideration by SPCA when it had recommended re-investigation which was later stayed by the Hon’ble Court in CWP-3235-2023,” submitted Ghai.

The contempt plea is now listed on November 03.

Case Title: Ashish Kapoor & Anr. v. Manmohan Kumar & Ors.

Counsel for petitioner: Advocate Nikhil Ghai

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