'Unprecedented' : Supreme Court Expresses Shock At HC's Blanket Orders Protecting Ex-Punjab DGP From Arrest Even In Future Cases

The Supreme Court on Friday expressed strong disapproval of a Punjab and Haryana High Court's order granting 'blanket protection' to former Director General of Police Sumedh Singh Saini, even in cases to be filed against him in future. 

Calling the orders 'unprecedented', a Bench comprising the Chief Justice of India NV Ramana, Justice AS Bopanna and Justice Hima Kohli was seemingly appalled by the orders granting Saini protection from future arrests. 

The Bench made the remarks after it was informed by the Advocate General for Punjab Senior Advocate DS Patwalia that the High Court has granted blanket protection to Saini against 'everything' through previous orders which are now being challenged by the State.

"This is an unprecedented order, such kind of order we don't encourage. What is this order? Protection in Future cases also?", CJI Ramana remarked

Senior Advocate Mukul Rohatgi appearing for Saini on caveat submitted that there's a delay of 3.5 years in filing the petition after the impugned order was passed.

The Chief Justice of India however said, "Whatever it may be, you can't pass an order saying future cases also he can't be arrested? What is this? This is shocking and three of us feel it's an unprecedented order. We haven't seen this kind of order in our lives".

The Advocate General further informed the Court that the order has yesterday further been extended till 20th April.  

The Bench was initially inclined to issue notice and list the matter after 4 weeks. However, Mr Rohatgi suggested that High Court may be directed to dispose of Saini's writ petition which has been filed seeking transfer of investigation in cases filed against him to the CBI.

The Bench then requested the High Court to dispose of the case pending before it in 2 weeks. The Court however clarified that the matter shall be heard by a different Judge. 

The Bench has requested the Chief Justice to hear the matter himself or nominate another Judge. Meanwhile, the State's Special leave petition will remain pending before the Top Court.

The Bench was considering State of Punjab's challenge to orders passed by the Punjab and Haryana High Court whereby the High Court granted blanket anticipatory bail to the Saini in any case pertaining to his entire service career except the incident subject matter of one FIR. Last year, the High Court directed the stay of arrest and stay of investigation in all cases pending or likely to be registered against the accused till the General Election in the State of Punjab are held which are due in February, 2022 onwards.

According to the State, the High Court has put put halt on the investigation in all the FIRs registered against him which would frustrate the very purpose of investigation which is specific domain of the police only.

The present special leave petition filed by the State of Punjab challenged the following orders passed by the High Court:

Order dated 11.10.2018: Saini was granted the relief that in case he is sought to be arrested in any case pertaining to an incident of the period while he remained as State Vigilance Head or Inspector General of Police, Intelligence, Punjab or Director-General of Police Punjab, then one-week advance notice shall be afforded to him before effecting his arrest so as to enable him to have recourse to remedies available to him.

Order Dated 23rd September 2020: The Punjab and Haryana High Court had directed the Punjab State government to issue one week advance notice to the former Director-General of Police (DGP), Sumedh Singh Saini before arresting him (in case, the state contemplates to do so in a criminal case against him) so as to enable him to have recourse to remedies available to him in accordance with the law.

The Court ordered, the protection of order dated 11.10.2018 passed by the Court will continue to any incident pertaining to the entire service career of the applicant/petitioner.

However, Court made an exception and clarified that this protection will not be extended to the subject matter of case FIR registered under Sections 364, 201, 344, 330, 219, 120-B of the Indian Penal Code at Mohali to which Section 302 of the IPC was added later.

Order Dated 10 September 2021- The High Court's order from September 2021 directed the stay of arrest and stay of investigation in all cases pending or likely to be registered against the accused till the General Election in the State of Punjab are held which are due in February, 2022 onwards and also exempted the personal appearance of the Respondent till February, 2022.

The Court also directed a clear stay for conducting further investigation in all the FIRs pending against him, or pursuing any other investigation including by any commission appointed by the State of Punjab till February 2022. The Court further directed that the personal appearance of the Respondent before any Court where any trial is pending will also remain exempted till February2022.

Saini has been facing several criminal charges in various cases registered against him by Punjab Police, including the Multan Murder Case, a Corruption case, Sacrilege case.

Case Title: State of Punjab vs Sumedh Singh Saini, Diary 32467/2021 

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