HC orders ex-DGP Sumedh Singh Saini’s release

News date : 04/Sep/2021

Chandigarh, August 19

Just over 24 hours after he was arrested by the Vigilance Bureau, Punjab’s former Director-General of Police Sumedh Singh Saini was around midnight ordered to be released forthwith by the Punjab and Haryana High Court.

The Bench ruled his arrest was in violation of earlier orders dated October 11, 2018, September 23, 2020 and anticipatory bail order dated August 12. The Court vide order dated October 11, 2018, had directed the issuance of seven day advance notice to Saini in case action was contemplated against him

The Court, vide order dated September 23, 2020, extended the protection of order dated October 11, 2018, to any incident pertaining to his entire service career. The Bench had also made it clear that the only exception would be the Multani case registered by the Punjab Police on May 6, 2020.

https://www.tribuneindia.com/news/punjab/former-dgp-sumedh-singh-saini-arrested-in-corruption-case-299115

https://www.tribuneindia.com/news/punjab/hours-before-arrest-sumedh-singh-saini-moved-high-court-for-relief-299331

The orders by Justice Arun Kumar Tyagi of the High Court came at about 11:40 pm after hearing day-long arguments on two petitions — one filed by Saini for extension of protection to him in all cases and another habeas corpus petition filed for his release. The Bench, among other things, was told that Saini was allegedly arrested in violation of the orders passed by the High Court.  

Saini, produced before a Court in Mohali for remand, remained there with the magistrate concerned awaiting High Court orders. Saini was arrested in case registered on September 17, 2020, for cheating, forgery and other offences under Sections 409, 420, 467, 468, 471 and 120- B of the IPC and the provisions of the Prevention of Corruption Act at Vigilance Bureau police station, Flying Squad-1, Mohali

Among other things, Saini stated that he had filed the petition expressing his apprehension of false implication in criminal cases on account of malice, malafides and ulterior motives attributed to the political party in power in the State of Punjab. Despite directions dated September 23, 2020, directing a week's advance notice before effecting his arrest, the officials of the respondent-State were making attempts to arrest him by falsely implicating him in false cases.

Saini was represented by senior advocates A.P.S. Deol and Vinod Ghai with counsel Himmat Singh Deol, Jasdev Singh Mehndiratta, Edward Augustine George, Kanika Ahuja and Inderpreet Singh Brar. Taking up the matter in the morning, Justice Tyagi directed the State to file copies of the relevant documents, including arrest memo prepared at the time of his arrest, document intimating him about the grounds of arrest, document intimating his family member/friend about his arrest and copy of the FIR. The case was then adjourned to 3 pm for resuming hearing.

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