[3 Decade Old Multani Murder Case] 'P&H HC Dismisses Anticipatory Bail Plea of Punjab Ex DGP Sumedh Singh Saini [Read Order]

The Punjab & Haryana High Court on Tuesday (08th September) dismissed the Anticipatory bail application (filed under S. 438 of CrPC) of Punjab's former Director General of Police (DGP) Sumedh Singh Saini in the three-decade-old Multani kidnapping and murder case.The Single Bench of Justice Fateh Deep Singh was hearing the Anticipatory Bail Application of the Petitioner Sumedh Singh Saini, wherein the allegations against him and others came from present complainant Palwinder Singh Multani son of Sh. Darshan Singh Multani, IAS (now deceased) and brother of Balwant Singh Multani.The case against the Petitioner (Sumedh Singh Saini)The case has been registered against Saini under sections 364 (kidnapping or abducting in order to murder), 201 (causing the disappearance of evidence of offence), 344 (wrongful confinement), 330 (voluntarily causes hurt), 219 and 120 (B) (criminal conspiracy) [Section 302 IPC added subsequently] of the Indian Penal Code at Mataur police station in Mohali.It has been alleged that Balwant Singh Multani (hereinafter referred to as 'the deceased') was killed in State-managed elimination around the month of December 1991.Allegedly, during the tenure of the petitioner (Sumedh Singh Saini) as SSP, Chandigarh on the early morning of 11.12.1991 the police of Chandigarh swooped upon the residence of the deceased and took him away forcibly and illegally without assigning any reason.In fact, as alleged by the Complainant, Saini and other police officials wanted to know the whereabouts of one Davinder Pal Singh Bhullar who happened to be a relative of the deceased.The accused in this case took the deceased (along with other persons who were taken into custody subsequently) to CIA Staff, Sector 11, Chandigarh and they were kept in illegal custody of SI Satbir Singh, who was being instructed from time to time by the petitioner herein.Allegedly, it was during the course of their illegal detention, the deceased (Multani) was given third-degree treatment by the accused.On account of police excesses, the deceased became unwell and on 13.12.1991 an FIR No.440 of 1991 under Sections 212, 216 IPC; Section 25 of the Arms Act, and Sections 3 and 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 was registered against himHe was shown to be an accused in the said case and hence arrested on false allegations by SI Har Sahai Sharma, In-charge of Police Station, Sector 17, Chandigarh.It was during the police torture, Balwant Singh Multani succumbed to the ghastly third-degree treatment of the police. Later on, in a pre-planned manner, the deceased was shown to have been declared as a proclaimed offender.Arguments put forthThe Arguments of the Petitioner - The counsel drew at length through the various events of the past to bring about the causes of this enmity of the present regime with the petitioner.It was submitted that earlier Hon'ble the Supreme Court of India in Criminal Appeals No.753-755 of 2009 titled 'State of Punjab v. Davinder Pal Singh Bhullar & others etc.' decided on 07.12.2011, had passed orders declaring the proceedings to be a nullity and the FIR so registered by the CBI stood quashed.It was sought to be impressed upon the Court that with the malicious addition of offence under Section 302 IPC, the petitioner was certainly entitled to grant of anticipatory bail and his custody in the additional offence is not solicited for.[NOTE: On August 21, a Mohali court had allowed the Punjab police to add a murder charge against Saini in this case.]It was with much force the Counsel stressed that it is after an inordinate delay of almost 29 years the State has woken up from its slumber to prosecute the petitioner for a stale case which does not sustain in the eyes of law.It was also argued that at no point of time there has been misuse of concession of anticipatory bail so granted to the petitioner.The Counsel contended that being a senior Ex-functionary of the Police, having participated in bringing the State of Punjab to normalcy, needs to be compassionately dealt with and sought a grant of bail.The Arguments of the State - The Counsels for the respondent/State at the very onset argued that the petitioner happened to be a blue-eyed police official with political patronage and have sought to meander through various episodes during his tenure in the police force regarding innumerable police encounters/State-managed eliminations.A Judgment of the P&H HC in 'Vinod Kumar vs. The State of Punjab and others' 1996 (1) PLR 325 was also cited to impress upon the Court that the petitioner had even gone to the extent of overawing the Courts.Much stress was laid on the evidence that has come up subsequent to the bail order dated 11.05.2020 of learned Additional Sessions Judge, SAS Nagar Mohali, submitting that former police officials SI Jagir Singh, SI Kuldip Singh and SI Har Sahai Sharma have become the approvers.Allegedly, they have admitted how, while in police custody Balwant Singh Multani was...

[3 Decade Old Multani Murder Case] 'P&H HC Dismisses Anticipatory Bail Plea of Punjab Ex DGP Sumedh Singh Saini [Read Order]

Sparsh Upadhyay

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