Amitha Muraleedharan
The Punjab and Haryana High Court asserted the power of the Punjab government to investigate sacrilege cases in dismissing a review application filed by an accused in the matter.
Seeking the review of Justice Rajan Gupta’s order on January 25, 2019, the application named Sukhjinder Sing moved to the High court.
But the order was justified by the Division bench following the dismissal of CBI’s plea by the Supreme Court.
Sukhjinder Singh argued the power of the state to give consent for a CBI probe under the Delhi Special Police Establishment Act.
But the provision did not permit the state to withdraw such consent.
While hearing, Justice Gupta stated that the issue was argued and settled extensively.
It was useless to agitate the issue because the matter was already up in the Supreme Court.
The court also interpreted the Supreme Court judgment in the case of Kazi Lhendup Dorji versus the CBI for stating the right of a state to dismiss a pending FIR probe, if it was transferred to the CBI.
Citing the three Supreme Court and High Court judgments, the Punjab Advocate General Atul Nanda argued that the applicant was not a party to the original writ petition and stated that the party has no right to file for review.
He also submitted before a Division Bench the appeal filed by original writ petitioner Charanjit Singh.
Questioning the accuracy of letters by the Special DGP, Directorate of Bureau of Investigation, to the CBI, about certain information on sacrilege cases, the court asked Nanda whether the action amounted to contempt of courts and a breach of Vidhan Sabha privilege.
Punjab Advocate General Atul Nanda stated that the Additional Chief Secretary had written to the Union Secretary, DOPT, with a copy to the CBI Director for returning cases to the state and clarified the action was without jurisdiction.