P&H High Court Receives E-Mail Accusing Judge Of Showing 'Undue Hurry' In Hearing Ex-Punjab DGP Sumedh Saini's Plea

Sparsh Upadhyay

22 Aug 2021 5:08 PM GMT

  • P&H High Court Receives E-Mail Accusing Judge Of Showing Undue Hurry In Hearing Ex-Punjab DGP Sumedh Sainis Plea

    A mail was sent to Punjab & Haryana High Court on Thursday, accusing Justice Arun Kumar Tyagi of "undue hurry", while he was hearing the Habeas Corpus plea filed by Ex-Punjab DGP Sumedh Singh Saini's wife seeking Saini's release.Allowing the Habeas Corpus petition filed by the wife of former Punjab DGP Sumedh Singh Saini, the Punjab & Haryana High Court, on Thursday night, ordered...

    A mail was sent to Punjab & Haryana High Court on Thursday, accusing Justice Arun Kumar Tyagi of "undue hurry", while he was hearing the Habeas Corpus plea filed by Ex-Punjab DGP Sumedh Singh Saini's wife seeking Saini's release.

    Allowing the Habeas Corpus petition filed by the wife of former Punjab DGP Sumedh Singh Saini, the Punjab & Haryana High Court, on Thursday night, ordered his release from the custody of the state Vigilance Bureau calling his arrest 'patently illegal'.

    Arrest 'Patently Illegal': Punjab & Haryana High Court Orders Release of Ex-Punjab DGP Sumedh Singh Saini From Vigilance Custody

    A single bench of Justice Arun Kumar Tyagi ordered his release just over 24 hours after he was arrested by the Vigilance Bureau in alleged cheating, forgery, corruption case.

    While dictating the order, Justice Tyagi noted that during the course of the hearing, an e-mail was received on the official e-mail ID of the Court purporting to have been sent by Harvinder Pal Singh, PPS, Investigation Officer, FIR No.11 dated 17.09.2020, PS FSI, Vigilance Bureau, Punjab.

    It is important to note that the Vigilance Bureau had arrested Saini in connection with a case registered in 2020 for cheating, forgery, corruption and other offences and pursuant to Justice Tyagi's Thursday order, Saini was released early on Friday (2 AM) after the bench allowed a habeas corpus petition moved by the Ex DGP's wife's.

    The mail was addressed to the Chief Justice, Punjab and Haryana High Court, regarding the transfer of case bearing No.CRM-25750-2021 in CRM-M-45242-2018 as well as the main case i.e. CRM-M-45242 (all relating to Mr. Sumedh Saini) from Justice Tyagi's Bench to any other Coordinate Bench, on account of the undue hurry being shown by the Bench of Justice Tyagi and the manner in which no opportunity is being given to the State to present its case.

    However, the Order further added thus:

    "...there was no communication regarding the passing of any order for withdrawal of the case from this Court. No request for recusal was made by learned Counsel for the parties. Even said e-mail was not stated to have been sent on instructions of the respondents No.1 to 4."

    In this backdrop, the Bench noted that it reserved the right to take appropriate action in respect of the said e-mail casting aspersion regarding hurry in hearing of the matter without realizing that any habeas corpus petition raises a serious issue of unlawful detention which has to be heard on urgent basis.

    As per the report of the Indian Express, a top vigilance official, wishing not be named, confirmed that Harvinder Pal Singh had sent the email to Punjab and Haryana Court alleging "bias".

    Case title - Shobha v. State of Punjab and others

    Click Here To Download Order

    Read Order

    Next Story