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2008(2) LAW HERALD (P&H) 917
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice H.S. Bhalla
Criminal Misc. No. 54610-M of 2007
Sarbdeep Singh Virk
v.
State of Punjab
{Decided on 07/01/2008}
(B) Criminal Law--Investigation--Entrustment of investigation to CBI--Inherent jurisdiction--Present investigating team is not doing proper investigation--Held; Interalia-
(i) Such like routine matters should not be entrusted to the Central Bureau of Investigation.
(ii) Forming of another investigating team by the competent authority would meet the ends of justice and would also repose faith in the administration of justice and the State Investigating Machinery as well.
(iii) The Director Vigilance, Punjab, is directed to disband the present Investigating Team, within a period of seven days from the date of passing of this order and the Principal Secretary, Home, Department of Home Affairs and Justice, Punjab in consultation with the Chief Secretary, Punjab shall appoint a Police Officer not below the rank of the Senior Superintendent of Police--Criminal Procedure Code, 1973, Section 482--Prevention of Corruption Act, 1988, Section 17, 13(1) (d) (e) read with section 13(2)--Penal Code, 1860, Sections 168, 169, 216, 218, 120-B. (Para 23 & 24)
(D) Criminal Law--Transfer of investigation--Allegations of malafide and political vendetta--Held; Interalia-
(i) If it is found that the Investigating Officers have failed to perform their statutory duties or acted in such a manner that people may lose faith in the investigating agency and administration of justice, High Court may issue appropriate direction while exercising its inherent powers.
(ii) It is the Job of the Investigating Officer to make investigation in such a manner that people should not lose faith in the investigating agency.
(iii) The investigation should not be carried out with a biased.
(iv) The ultimate act is to arrive at the truth and in order to achieve that object, an order for investigation by an independent agency or by another team can be passed, particularly when the investigating agencies have been found to have not performed their role in the manner in which it was expected to do so--Criminal Procedure Code, 1973, Section 482. (Para 8)
(E) Criminal Law--Transfer of investigation--Inherent jurisdiction--Handing over the investigation to CBI or any other independent agency outside the control of the State of Punjab--Allegations of mala fide and political vendetta-
On facts:-
(i) Present government was biased against the petitioner and after formation of the government, the first step taken by them was to prepare a group of officers to involve the petitioner in criminal proceedings.
(ii) Conspiracy hatched by senior police officers against the petitioner in involving him in a corruption case.
(iii) Proof that create suspicion in the mind of the petitioner that in investigation of this case is done by the special investigation team formed by the Vigilance Department, no justice will be done to him.
(iv) number of instances and sufficient material on the basis of which it could be inferred that the stand of the learned counsel is justified--Held; Interalia;-
(v) It would be desirable to entrust the investigation to another team under the direct supervision of Principal Secretary Home, Department of Home Affairs and Justice, Punjab, so that people may have faith in the . administration of justice and the petitioner may feel assured that new team, who will look into the matter, would lay the final outcome of the investigation in a free and fair manner--Criminal Procedure Code, 1973, Section 482.
(F) Criminal Law--Transfer of investigation--Inherent jurisdiction--It is duty of this court to ensure that the government agencies do their duty without any bias, mala fide and strictly in conformity with law--The judicial interference is not normally needed for investigation, but where the investigation is being done in a biased manner, then the question of interference arises by exercising inherent jurisdiction of the court and as such, petition filed under section 482 of the Code of Criminal Procedure is maintainable--Criminal Procedure Code, 1973, Section 482.
H.S. Bhalla, J.:- The prayer made in the petition filed under Section 482 of the Code of Criminal Procedure is for issuance of a direction to hand over the investigation of case FIR No. 98 dated 13.3.2007 registered under Sections 420, 465, 467, 468, 471 and 120-B of the Indian Penal Code in Police station Kharar, district SAS Nagar, Mohali (Annexure P-22) and FIR No. 10 dated 8.9.2007 registered under Sections 168, 169, 216, 218, 120-B of the Indian Penal Code and Section 7, 13(1)(d) (e) read with Section 13(2) of the Prevention of Corruption Act, 1988 in Police Station Vigilance Bureau, F.S.I., Punjab, district Mohali (Annexure P-33) to the Central Bureau of Investigation or any other Independent Agency outside the control of the State of Punjab, as these two FIRs are the result of mala fide and political vendetta or any other order which this court may deem fit and proper in the facts and circumstances of the case be passed.
2. Learned counsel appearing for the petitioner has vehemently contended that the petitioner has lost confidence in the investigating team being headed by Surinder Pal Singh, respondent No.8, who is bent upon to involve the petitioner by conducting investigation in a biased manner under the direction of the Director, Vigilance Bureau, Punjab, respondent No.5. Learned counsel has further contended that the FIR registered against the petitioner is primarily on the ground of amassing property disproportionately from his known sources of income and is the result of mala fides and political vendetta. Learned counsel has further contended that there is no private complainant in the present FIR and the same has been registered at the behest of the Vigilance Bureau itself, Punjab, making Shri Surinder Pal Singh, respondent No.8 as a complainant and Investigating Officer of the case. Learned counsel has further vehemently contended that respondent No.8 Shri Surinder Pal Singh, while conducting investigation of this case, completely suppressed participation of his wife regarding purchase of land from the Cooperative Society in question of which she is a member of the Executive Body. Learned counsel has further contended that the present government repealed the Punjab State Vigilance Commission Act, 2006 (for short “the Act”) to give undue advantage to the officers of its liking. Learned counsel has further hotly contended that arrest of the petitioner was done in a haphazard manner, thereby violating the rules and guidelines laid down by the Hon’ble Supreme Court with a view to defame him and malign his reputation in the eyes of society.
3. Per contra, Advocate Learned Additional General appearing for the State of Punjab has valiantly contended that the present petition filed under Section 482 of the Code of Criminal Procedure is not maintainable and the same is liable to be dismissed on this short ground alone. Learned counsel has further laid much stress on the point that the apprehension of the petitioner that the investigation will not be done in a fair manner is without any basis, particularly when Shri Surinder Pal Singh, respondent No.8, has not actively participated in the investigation nor his wife is beneficiary in any manner. Learned State counsel has further contended that the appointment of the Director, Vigilance Bureau, Punjab is in accordance with law and that there is no personal grudge against the petitioner in any manner.
4. I have heard learned Senior counsel Shri R.S.Cheema appearing for the petitioner assisted by Shri K.S. Nalwa, Advocate and Ms. Reeta Kohli, learned Additional Advocate General, appearing for the State of Punjab meticulously.
5. Before I deal with the point of maintainability of the petition, I would like to refer to the relevant points raised during the course of arguments and to be discussed hereinafter and if the court, on the basis of mala fide intention on part of the investigating team, comes to a conclusion that injustice has been done to the petitioner and th
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