Manner Of Probe Is Wisdom Of Investigating Agency But As 'Guardian Of Constitution', Court Will Monitor Action: P&H HC In Cheating Case

The Punjab & Haryana High Court has said that it will monitor the action taken against Punjab's real estate developer Jarnail Bajwa accused in over 50 FIRs pertaining to cheating investors.

Bajwa was arrested a day after the Court summoned DGP Punjab over the lackadaisical approach of the Punjab Police in taking action against him and had sought details of cases registered against the developer and the status of the probe done by the Police.

Justice Sandeep Moudgil said, "...the manner in which the investigation is to be conducted is the sole wisdom of the investigating agency but as a guardian of the Constitution, the Court will monitor the action taken ensuring that it is completed at the earliest without any further delay, as is evident from record furnished before this Court on various dates in the form of affidavit furnished by the Senior police officials of the State, wherefrom it could be easily inferred that there is already inordinate delay in the proceedings at its end in almost all the cases."

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.

In the previous hearing, the Court had directed 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.

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 a 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 particularly a person like respondent No.4 (Bajwa) who is a habitual offender and by no means 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 had also noted that the DGP Punjab "candidly admitted the failure and laxity of law enforcing agency on this aspect."

In the present proceeding, the Court rejected the argument of the senior advocate representing Bajwa that the petition had been rendered infructuous since he had already been arrested.

The judge said that the prayer made in the present petition is not only limited to (Bajwa) but qua against all the accused and according to State counsel, another accused "is still at large", therefore, time has been sought to apprise the Court about the action taken and completion of investigation by another two weeks.

While noting that the State has sought time to apprise the Court on the steps taken in the investigation against Bajwa, the Court deferred the hearing to September 17.

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

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

Mr. ADS Sukhija, Addl. A.G., Punjab.

Mr. P.S. Hundal, Sr. Advocate with Mr. J.S. Dhaliwal, Advocate

Mr. G.S. Hundal, Advocate, Mr. Ankush Chauhan, Advocate,

Mr. Robindeep Singh and Mr. Jasjeet Brar, Advocates for respondent No.5.

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