Ramkrishan Upadhyay
Tribune News Service
Chandigarh, July 17
A day after the CBI court issued arrest warrants against suspended sub- inspector (SI) Jaswinder Kaur, the Deputy Inspector General (DIG) has stated that sanction for the prosecution against her is under consideration in a bribery case.
The reply was filed by District Attorney in the form of an affidavit on behalf of the DIG during the hearing of the case before Dr Sushil Kumar Garg, Special Judge, CBI court, today.
The CBI court sought reply from the police after Prem Singh Bisht, a complainant in a bribery case, filed an application that deemed prosecution sanction may be taken against Jaswinder Kaur and she may be summoned as accused in the case.
In the application, Bisht stated that a case was pending before the court awaiting sanction for the prosecution against the accused. The court had forwarded the matter to the police for sanction for the prosecution, but the latter did not reply despite lapse of five months, he added.
While citing a Judgment of the Supreme Court in Subramaniam Swami versus Dr Manmohan Singh and others he said, "The Supreme Court has held that all proposals for the sanction placed before any sanctioning authority empower to grant the sanction for the prosecution of a public servant under Section 19, Prevention of Corruption Act. These proposals must be decided within the period of three months of receipt by the authority concerned."
"More than five months have lapsed and still no intimation has been received for the sanction of the prosecution against accused Jaswinder Kaur. It is, therefore, deemed that the sanction may be taken against Jaswinder Kaur and she may be summoned as an accused in the case," he added.
On the other hand, public prosecutor KP Singh also filed a reply on behalf of the CBI mentioning that the court may pass any order deemed fit in the case.
The case pertains to October 2017, when Prem Singh Bisht had alleged that sub-inspector Mohan Singh, who was the investigating officer in an attempt to murder case, was demanding Rs 9 lakh to drop the names of three of his employees from the FIR.
Bisht had alleged that Inspector Jaswinder Kaur had directed him to fulfil the demand of Mohan Singh otherwise, the complainant and his employees would be harassed and chargesheeted in the case.
Later, the CBI held Mohan Singh while accepting a bribe of Rs 2 lakh from Prem Singh Bisht from the Sector 31 market. Bisht filed a complaint with the CBI. However, in the chargesheet filed in August 2018, the CBI did not make Jaswinder Kaur an accused in the case, but recommended regular departmental action for major penalty against her.
from The Tribune https://ift.tt/2WwkN2c
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