Last Updated on September 17, 2020 by Satish Mishra
CBI court cannot accept the crime against accused Jaswinder Kaur because the Chandigarh Police Search, which is the competent authority in the matter, has rejected the prosecution penalty. Refusal by UT DIG to sanction the prosecution of suspended SHO Jaswinder Kaur in a 2017 corruption trial, a special CBI court on Wednesday disposed of the application seeking its inclusion as accused.
Facts of the case
The corruption case at issue dates back to October 2017, when SI Mohan Singh was arrested for accepting Rs 2 lakh in bribe, allegedly in the direction of Jaswinder Kaur, the then Sector 31 SHO. Bisht had alleged that the SI, who was the investigating officer in an attempted murder case, requested that Rs 9 lakh drop from the FIR the names of three of his staff members.
Also read: SHO Suspended, Notice to CBI and DIG Chandigarh
The CBI had arrested the SI while taking Rs 2 lakh bribe, but the case was closed against Kaur as the agency could find no proof to include her, leading Bisht to apply first in 2019 and then again in February of this year. The corruption-tainted SHO had surrendered from May of this year in another Rs 5 lakh bribery case before a Chandigarh court on July 25. She is in judicial detention at this time.
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Legal Issue
- Whether court can take cognizance of the offence against the proposed accused?
- Whether CBI or complainant has the liberty to move the appropriate authority/Supreme Court against the DIG’s order?
Legal Standpoint
It is not the responsibility of the competent authority to see if at the point of granting or refusing penalty for prosecution there is ample evidence for the conviction or acquittal of the said accused. The question of new evidence did not arise as the competent authority had not previously passed a sanction order and this was the first time the authority had to consider the facts of the case.
Prem Singh Bisht corroborated the substance of his complaint verbatim, arguing that his testimony was not accepted by the DIG. Bisht told the cold the DIG did not find the specifics of the call between him, the SHO and the SI, which confirmed his allegations and court deposition.
Also read: CASE TRANSFER TO CBI BY HIGH COURT CHANDIGARH
He added that he also met the accused SI and then the SI’s meeting with Kaur on CCTV footage but the DIG did not find this scientific evidence. The complainant reiterated that a face-to – face conversation had taken place between him, SHO Kaur and Sub-inspector (SI) Mohan Singh, where Kaur had asked him to fulfill the Rs 9 lakh bribe demand.
Conclusion
Sushil Kumar Garg, Special Judge, CBI heading the case claimed that the court could not recognize the offense against the proposed accused Jaswinder Kaur as the prosecution permission was refused by the Chandigarh Police DIG, which is the competent authority in the case. The CBI or the applicant has the right to transfer the relevant authority / Supreme Court against the DIG’s order of 3 August 2020.
Taking note of UT DIG’s refusal to allow the prosecution of suspended SHO Jaswinder Kaur in a 2017 corruption trial, Wednesday a special CBI court ruled the application seeking her inclusion as the accused person.
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This post is written by Kosha Doshi.
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