Pending cases against sitting and ex-MPs, MLAs: HC finds Punjab government affidavit ‘unsatisfactory’, asks it to file fresh status report

Earlier an affidavit of the Assistant Inspector General of Police, Litigation, Bureau of Investigation, Punjab, dated September 14, 2022, was filed before the HC. The affidavit mentioned that 42 FIRs are pending investigation against sitting and erstwhile MPs and MLAs in Punjab as on September 14. Apart from this, 99 cases were pending trial in courts across the state against the MPs and MLAs.

Hearing the matter, a division bench of Justices Augustine George Masih and Alok Jain said that a perusal of the records indicates that the investigation has still not been completed in an FIR registered with the Vigilance Bureau, Punjab, in 1998. There are certain matters pending relating to the years 1998, 2013 and 2015.

“The Investigating Agencies have to explain as to what are the actual steps taken to effectively conclude the investigation. Merely because the matters are pending for investigation, the same cannot be said to be an aspect which can be ignored at the asking of the Investigating Agency. The process and investigation according to the statute requires to be completed within the time stipulated, but it appears that the cases of Members of Legislative Assembly and Members of Parliament are being put on different pedestal and inaction on the part of the Investigating Agencies is writ large,” said the HC.

The bench added that earlier in its orders it had reflected on the aspect that the investigation in these matters needs to be concluded at the earliest and the report under Section 173 of CrPC must be submitted to the courts concerned, but the progress does not appear to be satisfactory, rather it is a trickle in the whole process.

Report/affidavit of Haryana does not appear to be much encouraging: HC

On the affidavit submitted by the Deputy Inspector General of Police, State Vigilance Bureau, Haryana, the HC said that perusal of the same shows some movement herein, but without any result except in one case where further investigation was ordered by the court on a cancellation report where again the cancellation report has been prepared but the same still not submitted to the court concerned.

Meanwhile, the counsel for Haryana with reference to some of the matters submitted that the investigation is likely to be completed within a period of two months and the reports under Section 173 of CrPC would be submitted. The Haryana counsel also gave assurance with regard to the efforts being made for the sanction which is being sought by the prosecution to proceed against 31 accused persons in FIR No. 20 dated October 18, 2005, Police Station State Vigilance Bureau, Hisar, in which the decision of the competent authority is expected within a period of six weeks.

As regards FIR No. 288 dated September 1, 2018, registered at Police Station Kherki Daula, Gurugram, the Amicus Curiae in the matter, Senior Advocate Rupinder Khosla, pointed out that records from the Registrar of Companies, Delhi and District Town and Country Planning, Haryana, are still to be obtained and the officials have also not joined the investigation. The Haryana State counsel on it submitted that she has received instruction in this regard that 80% to 90% of the records have been made available and the remaining records will be procured within a period of two months and efforts would be made to conclude the investigation at the earliest.

The HC on the affidavit of Haryana said, “The report as has been submitted does not appear to be much encouraging and therefore, let the fresh status report, after making efforts as have been pointed out by the learned counsel for the State of Haryana, be submitted.”

Chandigarh submits 3 cases pending for investigation

The counsel for UT Chandigarh submitted before the HC that there are total three cases which are pending investigation, out of which, in one of the cases investigation is complete and the report under Section 173 of CrPC is being scrutinised by the authorities concerned and the final report shall be submitted at the earliest.

“As regards the FIR No. 63 which pertains to blocking of the chief minister’s residence, there are 36 people who have been named in the FIR, out of which 18 former MLAs have already joined the investigation. And so far as the remaining investigation is concerned, the same is likely to take some time as there are large number of people involved,” submitted the UT-Chandigarh counsel. It was added by him that efforts would be made to conclude the investigation at the earliest.

Satya Pal Jain, learned Additional Solicitor General of India, brought to the notice of the court that so far as the Income Tax Department is concerned, the position as had been brought out in the earlier status report filed, appears to be the same. However, as regards the Enforcement Directorate, the case against two former MLAs, who had approached the Supreme Court, their matters have been disposed of in the light of the earlier order passed by the Supreme Court whose judgment is being examined by the Enforcement Directorate and the status report, after consideration thereof and the steps taken therein, would be presented to the court prior to the next date of hearing.

The counsel for the CBI contended that there is no case under investigation pending with the CBI and all cases are pending before the trial court at various stages.

The bench after hearing the arguments deferred the matter to December 6, 2022, and ordered, “Latest status reports with regard to the facts/aspects as discussed above including the latest stage of the cases pending before the trial courts, be filed by the States of Punjab and Haryana, UOI, CBI and UT Chandigarh, on or before November 30, 2022, with a copy in advance to the learned Amicus Curiae.”