Supreme Court Orders CBI Inquiry Into Alleged Illegalities In Chandigarh Police's Arrest Of Dentist

The Bench of Justices Sudhanshu Dhulia And Ahsanuddin Amanullah was hearing a petition filed by the Union Territory of Chandigarh against Punjab and Haryana High Court's direction passed in March 2023 constituting a special investigation team (SIT) of the Punjab police to examine, among others, the alleged 'abduction' of Dhawan by UT police personnel. 

Essentially, Dhawan was booked in a cheating case in 2018, where a complaint was filed by Gertrude D'Souza, a US citizen, who had had a dental implant procedure done at his clinic in 2017. Another cheating case was filed against him in September 2020 by another woman, Enid Nayabundi, from Nairobi, Kenya.

Against this, he approached the High Court seeking anticipatory bail. Therein, he also alleged that he was being pressurised into reaching a compromise with respect to two other first information reports and was being prevented by police officials from joining an investigation. In this respect, he levelled charges of abduction and tampering with evidence against the police officials. Dhawan alleged the involvement of Rakesh Asthana, the then Delhi Police Commissioner and a former CBI Special Director.

The High Court, while granting him interim protection, also asked the Punjab police chief to constitute a SIT to examine the alleged 'abduction' of the accused by UT police personnel.

Challenging the HC direction, the UT filed an appeal before the Apex Court. The Court said that the matter had taken a course in “utter violation of the Constitution and the laws” and that allegations pertained to personal liberty.

“Accordingly, it is directed that the CBI shall conduct the Preliminary Enquiry as directed by High Court on the basis of the facts mentioned in the complaint dated 03.02.2022 given by the respondent, annexed to his Counter-Affidavit (Annexure R-1). To ensure that there is no roving enquiry, it is made clear that such preliminary enquiry shall be restricted strictly in terms of the version of the respondent in his complaint dated 03.02.2022.,” the Court marked in its order.

Apart from this, the Court also included two more issues to be found out by the CBI. One, whether the accused was produced before the local Magistrate within 24 hours of his detention/arrest. Second, whether his detention by police officials amounted to abduction.

The Court added that the High Court is not further required to monitor the same and thus, it closed the petition pending before it. It also directed that the accused will remain on bail during the period of trial.

“We may also point out that the enquiry or the Preliminary Enquiry as it is called in CBI, will not be prejudiced by any findings/observations recorded by the learned Single Judge in the Impugned Order. The CBI, after conducting the Enquiry as above, shall proceed in accordance with law.,” the Court ordered.

It may also be mentioned that this year, in February, the Top Court dismissed Dhawan's plea seeking the prosecution of Rakesh Asthana under the Prevention of Corruption Act.

His stance was that Asthana falsely and illegally implicated and intimidated the petitioner by abusing his official position through corrupt means and corrupt activities. Further, he also attempted to extort money through the police officers in connivance with them in the garb of settling the matter by exercising his personal influence. This was done in contravention of various provisions of the Prevention of Corruption Act, particularly Sections 7 & 7A of the Prevention of Corruption Act, in order to favor the complainant, Gertrude D'Souza, and her spouse, Bryan D'Souza to dispense his proximate relations, he alleged.

The Court said that it was not inclined to entertain this appeal under Article 136 of the Indian Constitution. Thus, in view of this, the appeal was dismissed.

Case Details: UNION TERRITORY OF CHANDIGARH v. MOHIT DHAWAN., Special Leave Petition (Criminal) No. 3405 of 2023

Citation : 2024 LiveLaw (SC) 601

Click here to read/ download the order