Supreme Court Grants Protection To Suspended Chhattisgarh IPS Officer In Sedition & Extortion Cases; Refuses Protection In PC Act Case

The Supreme Court on Friday refused to grant protection to suspended Additional Director General of Police Gurjinder Pal Singh in a case filed against him under the Prevention of Corruption Act.

A Bench compromising  the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli has however granted him protection in the sedition and extortion case filed against him.

While observing that it did not wish to get into merits of the special leave petitions filed challenging FIRs filed against Singh for offences of sedition and extortion, the Bench has disposed of the matter, requesting the High Court to decide both pending cases in a period of 8 weeks. Till then, the protection granted by the Top Court will continue.

In the case pertaining to FIR registered against him under the Prevention Of Corruption Act, the Bench while dismissing the plea has left it open for the petitioner to avail the remedies available under law.

The Bench said that it will pass an order to this effect. The bench was hearing three special leave petitions filed by suspended Additional Director General of Police Gurjinder Pal Singh challenging the Chhattisgarh High Court's orders refusing to grant him interim relief and quash FIRs filed against him for various offences including extortion, and sedition and offence under Prevention of Corruption Act.

On the last occasion, the Bench had agreed to grant Singh interim protection from arrest is till 1st October 2021. The Bench has directed Singh to participate in the inquiry or investigation and fully cooperate with the investigating agency without fail.

During the hearing today, Senior Advocate Fali S Nariman appearing for the ADG submitted that the Court had directed him to cooperate with investigation and he was not to be arrested, however a third FIR was registered against him.

Senior Advocate Mukul Rohatgi appearing for the State of Chhattisgarh argued against grant of protection to Singh, saying that he is not entitled for any protection. He added that there is a general perception that state government is adding sedition charges but the court should not grant protection to police officer instigating people to overthrow the Government.

"Mr Rohatgi why we're not inclined to get into the matter is because we thought the High court will do something." the Bench said.

Mr Rohatgi informed the Court that the High Court had directed the matter to be listed after 5 weeks but it has not been listed and meanwhile Singh has got protection from arrest.

" So far as corruption case is concerned we will hear, these two cases let High Court consider." the Bench suggested.

Mr Rohatgi however reiterated that there is no case for an interim order by the top court.

"This man has written seditious statements, this is what he teaches at a police academy? This was found from his house in torn condition, we have filed a chargesheet, if this not completely seditious, unbecoming, revolt, public, disorder, how can he get an interim order from this court and tell High Court you can't touch me." Mr Rohatgi said.

He further argued that in the case against him under the Prevention of Corruption Act, more than 20 crores is recovered.

"What is his salary? What is his 20 crores worth of asset? He didn't cooperate with the investigation. There's no order more so for a police officer, of a rank of Additional DG to behave this way."

"If they (the High Court) have refused interim order, that is a different story, they haven't passed any order at all. What is this keeping the matter pending?" CJI said.

Mr Rohatgi submitted that the question before the Supreme Court is only one, whether this case deserves an interim order from the court. 'The High Court may decide in 3 or 6 months but the Question is this petitioner, head of a police academy, is propagating and instigating people, what is he going to teach?' he said.

Senior Advocate Fali Nariman submitted before the Court that two sets of papers were recovered from the petitioner's house. The set of torn papers were received outside the residence, and were not signed by Singh or any investigating officer.

"They were planted and it was all done pursuant to vexatious part, the Chief Minister was extremely annoyed that I did not pursue former Chief Minister in my complaint. All this is not even in my handwriting. They suspend me, they did not even say it is because of documents which are seditious." Mr Nariman said.

The Bench was then informed that in the plea relating to the disproportionate assets case, the petitioner in his petition before the High Court has sought transfer of investigation to CBI and protection from arrest in meantime.

The Bench then inquired if any rejection order has been passed by the High Court till now in the petitions filed by Singh.

While Mr Rohatgi submitted that the High Court did pass a rejection order, rejecting his prayer for interim relief, Mr Vikas Singh appearing for Singh submitted that the High Court merely passed an interim order.

Senior Advocate Vikas Singh on behalf of Singh submitted that "I'm a decorated officer. I was asked by this government also to head the SIT, the earlier person who refused was transferred and he also came to Supreme Court and that FIR was stayed by this court."

"State is hounding officer who are not ready to implicate earlier Chief Minister, who was a BJP CM, Mr Raman Singh." Singh said.

In relation to the disproportionate assets Case, Mr Singh argued that in the Lalita Kumari case the top Court had said that there should be a preliminary enquiry before registering such case, however in this case wrong income figures have been taken to show Singh's income.

"This is the kind of enquiry they have done. They have added everything under the sun as my inquiry. In the DA case I am ready to face investigation, in the other two cases I'm seeking quashing. This one I am saying let CBI, let an investigating agency investigate" Mr Singh said.

Mr Rohatgi argued that Singh's prayer is for transfer to CBI, and stay on investigation is being sought to get a stay on arrest. Calling it a completely mala fide exercise by a police officer, he stated that it a disguise to stay his arrest in the Prevention of Corruption Act case.

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.

After the hearing ended, the CJI made an oral remark that he has reservations about the manner in which police officers and bureaucrats are behaving in this country.

(Cases : Gurjinder Pal Singh v. State of Chhattisgarh and others, SLP(Crl) 5476, 5477 &  7193 of 2021)

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