Palwinder Singh Multani complained to a Mohali police on 6 May 2020 for registering a case in the involuntary disappearance of his brother Balwant Singh Multani -a friend of then missing Davinderpal Singh Bhullar and son of a serving IAS officer D. S. Multani, 29 years ago on 11 December 1991. Punjab Police registered the FIR on 8 May 2020 and on 11 May 2020, Additional Sessions Judge Monika Goyal granted bail to the high-profile accused -former Director-General of the Punjab Police Sumedh Saini. WSN editor Jagmohan Singh presents an analysis of the turn of events and examines the possibility of Saini facing a full trial in the case.

SAHIBZADA AJIT SINGH NAGAR -MOHALI ADDITIONAL SESSIONS JUDGE  MONIKA GOYAL granted bail to Sumedh Singh Saini, citing the COVID-19 pandemic and observing that the allegations him are serious but she would concentrate on the bail plea and not the merits of the case. In her 34-page order, she made remarks of political vendetta against the Amarinder Singh government.

The FIR against Saini alleged abduction of Balwant Singh Multani, inhuman torture, foisting of false cases and subsequent involuntary disappearance. Human Rights defenders have chronicled many more cases of abuse against Saini during his policing career.

 

“India’s laws and legal systems favour the rich and the powerful.”

Justice Deepak Gupta, Supreme Court of India, during his virtual farewell

Commenting on the bail granted to Saini, Dal Khalsa spokesperson Kanwarpal Singh said, “The case reminds me of the arrest of former Punjab DGP SS Virk, detained in Delhi, brought to Chandigarh by then Punjab CM Parkash Singh Badal in September 2007, taken to PGI and the magistrate going to the hospital to incarcerate him there in judicial custody, till he was granted bail from the Punjab and Haryana High Court. He did not spend a single minute in any police station nor was he taken to court!”

Admittedly, when a politician like Jagdish Tytler is tried for his alleged role in the killing of Sikhs in November 1984 or when the role and complicity of a former police chief like Sumedh Singh Saini are under the scanner in a case of involuntary disappearance, the passage of three decades presents unique problems and challenges. Doubts, political manoeuvres, judicial wrangling, unavailability of witnesses -all become contentious issues.

“The case reminds me of the arrest of former Punjab DGP SS Virk, detained in Delhi, brought to Chandigarh by then Punjab CM Parkash Singh Badal in September 2007, taken to VIP room of the PGI and the magistrate going to the hospital to incarcerate him there in judicial custody, till he was granted bail from the Punjab and Haryana High Court. He did not spend a single minute in any police station nor was he taken to court!”

Kanwarpal Singh, Spokesperson Dal Khalsa

Sessions Judge Monika Goyal has strongly questioned the delay in the filing of the complaint and has commented that “There is no doubt that allegation made pertains to a heinous crime, but as regards delay, the only explanation given by the Prosecuting Agency as well as the complainant is that the present applicant was Director General of Police of the State of Punjab and was very influential due to which they could not take any action against him.”

“There is no doubt that allegation made pertains to a heinous crime….”

Monika Goyal, Sessions Judge Mohali

She has elaborated saying, “no explanation is coming as to why the present complainant had kept mum for such a long time especially after June 2018 and had chosen this time i.e. Outbreak of COVID-19 when the whole of the State of Punjab is under Curfew and had travelled all way from Jalandhar during this time to do an act of lodging the FIR in 29 years old case.”

While this judge has questioned the intention of the complainant to travel to Chandigarh to make a complaint, how can the Delhi state machinery explain the role of its police not doing regular policing in such difficult times and going after Muslim youth who protested against the CAA?

The Sessions Judge has also remarked that “it is relevant to mention that Outlook Magazine had carried this issue on 14.12.2015 but the present complainant had not taken any action till 6.5.2020, especially when the present applicant had already retired in June 2018. The only explanation given by counsel is that the present complainant was busy in collecting details of elimination of his brother, but a perusal of the FIR shows that he is mainly relying upon the disclosure made by Gurmeet Singh alias Pinki.”

“Clearly, from Julius Ribeiro to KPS Gill to SS Virk to Sumedh Saini -they are all instruments of state and they did what they did because they enjoyed the full impunity of the state. They may have fallen on the wayside of the government for some time, but the state will go all out to protect them.”

Kanwar Pal Singh, Spokesperson Dal Khalsa

Agreeing with the prosecution as to the severity of the case, the judge goes on to add, “whether an offence has been committed is a matter of evidence, but still timing chosen by the complainant to appear at this time of high-distress raises serious doubt in the mind of this Court.”

In the case which has excited the people of Punjab and many Panthic activists had held it as a foregone conclusion that Saini will not be arrested and would be let off on bail, Saini was represented by Advocates APS Deol, H.S Dhanoa and Harneet Singh Oberoi while the Punjab state had Public Prosecutor Sanjiv Batra, Additional PP Manjit Singh and complainant Palwinder Singh Multani’s counsel was Pardeep Virk.

While this judge has questioned the intention of the complainant to travel to Chandigarh to make a complaint, how can the Delhi state machinery explain the role of its police not doing regular policing in such difficult times and going after Muslim youth who protested against the CAA?

Transgressing the case details, the judge remarks that, “There are so many things to handle such as the patients of COVID-19, persons who are stranded in another States and migrant labourer stranded in the state of Punjab, but despite being busy, the State of Punjab had hastily lodged the present FIR in 29 years old case when already the matter had once attained finality by orders of the Hon’ble Supreme Court.”

In yet another observation, the judge says, “it is clear that there are serious doubts regarding the maintainability of the present FIR at this juncture and chances are that it is an outcome of political vendetta as the present applicant was instrumental in lodging FIRs against high ups, …”

The judge has also raised doubts about ‘the jurisdiction of the Police Station Mataur in Mohali in the present case.’ She further says, “Moreover (the) timing of lodging FIR raises a finger towards (the) vindictive nature of the prosecution.”

“it is clear that there are serious doubts regarding the maintainability of the present FIR at this juncture and chances are that it is an outcome of political vendetta as the present applicant was instrumental in lodging FIRs against high ups, …”

Monika Goyal, Sessions Judge, Mohali

Such observations go beyond the realm of the law textbook. It is a direct attack on the office of the Punjab Chief Minister suggesting political vendetta. The Chief Minister of Punjab and his Advocate General must answer this in court, to the people of Punjab and especially to families of human rights abuse victims.

“All the fanfare and brouhaha of arresting Saini died down once he got bail. The Amarinder Singh government is on a test to see whether the cases of Kotkapura and Behbal Kalan firing are instituted now or not,” noted Kanwarpal Singh while speaking to WSN.

In the bail order, the former Punjab Police Chief Sumedh Saini has been directed to join investigation within 7 days of the order and cooperate with the Investigating Officer. As it was suspected that he attempted to flee to his abode in Himachal Pradesh in the dead of the night after he got wind of the FIR, he has also been ordered to stay put at home during the lockdown and to surrender his passport and not to leave the country without court permission. The order also tells him that he shall not make any threat or inducement to influence witnesses.

The Chief Minister of Punjab and his Advocate General must answer hints of political vendetta in Saini’s bail order to the people of Punjab, especially to families of human rights abuse victims.

Reacting sharply to the entire drama unfolding in the last few days, Dal Khalsa spokesperson Kanwar Pal Singh remarked, “Clearly, from Julius Ribeiro to KPS Gill to SS Virk to Sumedh Saini -they are all instruments of state and they did what they did because they enjoyed the full impunity of the state. They may have fallen on the wayside of the government for some time, but the state will go all out to protect them.”

To wit, Indian Supreme Court’s Justice Deepak Gupta during his virtual farewell last week said, “India’s laws and legal systems favour the rich and the powerful.”