Punjab and Haryana High Court raps state for going slow in cases against legislators

Chandigarh, October 10

Taking cognisance of long-pending cases, including one for nearly 24 years, the Punjab and Haryana High Court has rapped the state for going slow while monitoring the progress of cases against the sitting and ex-MPs and MLAs.

Cases put on different pedestal

The process and inquiry needs to be done within stipulated time, but it appears that the cases of MLAs and MPs are being put on different pedestal and inaction by the probe agencies is writ large. HC Bench

"The process and inquiry as per the statute requires to be completed within the time stipulated, but it appears that the cases of MLAs and MPs are being put on different pedestal and inaction on the part of the probe agencies is writ large," the Bench of Justice Augustine George Masih and Justice Alok Jain asserted.

The Bench also granted the state an opportunity to explain the process of investigation carried out in each FIR, the time consumed in the process, the reasons for the delay, the time now required to conclude the investigation and the stage of the trials.

The Bench also made it clear that the probe agencies were required to explain the "actual steps" taken to effectively conclude the inquiry after noticing that certain matters relating to 1998, 2013 and 2015 were pending. The Bench asserted the records' perusal indicates non-conclusion of investigation in an FIR registered with the Punjab Vigilance Bureau in 1998. Although a cancellation report was submitted, it was sought to be projected as a matter sent for reinvestigation on various occasions.

The Bench added it had earlier also made it clear that the probe into these matters were required to be concluded at the earliest and the final inquiry report under Section 173 of the Code of Criminal Procedure submitted in the courts concerned. "But the progress does not appear to be satisfactory. Rather it is a trickle in the whole process".

Appearing before the Bench, the counsel for UT Chandigarh pointed out that the investigation was complete in one of the three pending cases. The report under Section 173 was being scrutinised by the authorities concerned and the final report would be submitted at the earliest.

The Bench was also told that 18 ex-MLAs had already joined probe in an FIR pertaining to the "blocking" of the CM's residence. In all, 36 persons were named in the FIR. The remaining probe was likely to take some time as a "large number of persons" were involved.

Before parting with the case, the Bench called for the latest status reports by Punjab, the Union of India, the CBI and UT Chandigarh on the facts/aspects discussed in the order.

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