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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Rajan Gupta, Karamjit Singh, JJ.
Court On Its Own Motion - Appellant
Versus
State Of Punjab & Ors. - Respondents
CWP-PIL-29-2021
Decided On : 19-07-2021
CBI - Investigation Progress - PC Act 1988, PMLA - Summary of the judgment's discussion on the investigation progress and the status of various cases transferred to CBI. The court also referred to the judgment in Ashwani Kumar Upadhyay v. Union of India, highlighting the need for expeditious disposal of pending cases against MPs/MLAs and the suggestions made for ensuring expeditious trial of such cases.
Fact of the Case:
The court received updates on the investigation progress and status of cases against various individuals, including former and sitting MPs/MLAs.
Finding of the Court:
The court emphasized the need for expeditious disposal of pending cases against MPs/MLAs and directed the states and central agencies to ensure compliance with the order for speedy investigation and trial.
Issues: Progress of investigation, delay in trial, compliance with orders for expeditious disposal of cases against MPs/MLAs.
Ratio Decidendi: The court highlighted the infringement to the right to fair and expeditious investigation and trial, as guaranteed by Article 21 of the Constitution, due to undue delays in concluding investigations.
Final Decision: The case was scheduled to come up for further proceedings on 19.7.2021.
JUDGMENT
1. Mr. Goel on behalf of CBI submits that the relevant information pertaining to Anti Corruption Bureau and Special Crime Branch, Chandigarh is available with CBI. However, certain data needs to be collected from Central units in Delhi. On the basis of same, an affidavit shall be filed. He prays for 10 days time for this purpose. Prayer is accepted. He shall also apprise the Court of investigation, if any, pending with CBI. If so, reasons for delay in completion thereof.
2. Pursuant to the last order passed by this Court, Mr. Satya Pal Jain has filed status report by way of affidavit of Mr. Karun Kumar Kataria. According to him, in two cases against two Ex-MLAs i.e. Avinash Chander and Sarwan Singh Phillaur, charges were framed on 9.10.2018. Out of 68, 63 Pws have been examined. However, proceedings have been stayed by Hon'ble Supreme Court vide its order dated 28.1.2019 passed in WP (Criminal) 175 of 2018 and next date of hearing in the same is 30.7.2021. He further submits that in two separate cases registered against Shri Bhupinder Singh Hooda, Ex-CM, State of Haryana, charge sheet was filed before Special Judge, CBI-cum-Special Court, PMLA at Panchkula by ED in land cases i.e. COMA-/03/2021 and COMA/42/2019. In both the cases, cognizance has been taken. While in the first, next date of hearing is 1.6.2021 and in the latter, next date of hearing is 5.7.2021. He submits that Court shall be apprised of further progress in the matter.
3. Mr. Ankur Mittal along with Mr. Sanjay Kumar, I.G.P. (Administration) submits that he may be allowed to place on record additional affidavit. Prayer is accepted. Paras 4 to 6 thereof are reproduced hereunder: -
"4. That it is submitted that in the status report dated 23.05.2021 submitted by the deponent name(s) of the accused in three cases transferred to CBI were not mentioned. Therefore, detail of three cases transferred to CBI is being re-submitted with name of the accused as under : -
Sr. No. | Case FIR No. with name(s) of the accused | Particulars |
1. | FIR No.439 dated 07.06.2011 U/S 302, 201, 323, 34 IPC removed and add 7/13 PC Act 1988 PC Civil Link KNL Against Zile Ram Sharma (the then MLA Assandh) and Om Parkash Jain (the then MLA Rural Panipat) | As per the orders of Hon'ble Punjab and Haryana High Court dated 26.09.2012 case was transferred to CBI, for investigation |
2. | FIR No.09 dated 19.12.2015, u/s 201/204/409/420/467/468/471/120-B & 13 PC Act, PS SVB/PKL Against Ex-Chairman, HSVP, Sh. Bhupinder Singh Hooda, EX-Chief Minister, Haryana and sitting MLA from Garh-Sampla-Kiloi, the then Administrator, HSVP and others reg. Illegal allotment of industrial plots in Panchkula | Case transferred to CBI as per notification of Govt. of India, Ministry of Personnel, Public Grievance and Pension NO.228/62/2015-AVDII dated 23.12.2015. The case has been handed over to CBI on 21.12.2015 vide RC No.36 dated 31.12.2015. |
Sr. No. | Case FIR No. with name(s) of the accused | Particulars |
3. | FIR No.03 dated 05.05.2016, u/s 409/420/120-B & 13 PC Act, PS SVB/PKL Against Ex-Chairman, HSVP, Sh. Bhupinder Singh Hooda, Ex-Chief Minister, Haryana and Sitting MLA from Garhi-Sampla-Kiloi, the then FC & Secy to Govt. Haryana Town & Country Planning Deptt. | Case transferred to CBI and hand over to CBI vide RC No.63 dated 10.04.2017 |
5. That it is submitted that in para 5 of the status report dated 23.05.2021, it was inadvertently mentioned that 21 under trial cases were registered in the State of Haryana against 08 Ex-MLAs of Haryana and 02 Ex-MLAs from Himachal Pradesh. It is submitted that 21 under trial cases are pending against 07 Ex-MLAs of Haryana, 02 Ex-MLAs of Himachal Pradesh and 01 Ex-MLA of Delhi.
Above mistake is not deliberate but an inadvertent clerical mistake. The deponent tenders unqualified apology for inconvenience caused to this Hon'ble Court for the same.
6. That it is submitted that in total 68 (21+03+37+7) cases, registered against 34 Former/Sitting MPs/MLAs in the State of Haryana, are pending out of which 21 cases are un
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