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High Court's blanket Orders protecting ex-Punjab DGP from arrest even in future cases are 'unprecedented,' according to Supreme Court

Lawstreet Journal 5 Mar 2022 6:33am

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Image courtesy: Lawstreet Journal Judiciary High Court's blanket Orders protecting ex-Punjab DGP from arrest even in future cases are 'unprecedented,' according to Supreme Court

On March 4, 2022, the Supreme Court expressed shock at an order by the Punjab and Haryana High Court awarding former Punjab Director General of Police (DGP) Sumedh Singh Saini protection from arrest in matters currently or likely to be filed against him in the future.

"This is unprecedented order. How can future course of action be stayed? It is shocking and three of us (judges) feel that it is unprecedented. This will require hearing," the Court said 

The Hon'ble Court even mentioned that it will request the Chief Justice of the High Court to reassign the case to someone other than the judge who issued the interim order.

"We will request the High Court to dispose of the petition by another judge and not the same judge within 2 weeks. We request the Chief Justice to take it up himself or by any other judge and we will keep this matter pending (Special Leave Petition) in the (Supreme) Court," Chief Justice of India C.V Ramana said.

Senior Counsel Mukul Rohatgi who appeared on behalf of Saini, on caveat, submitted that there's a delay of 3.5 years in filing the petition after the impugned order was passed.

The Chief Justice of India however said, "Whatever it may be, you can't pass an order saying future cases also he can't be arrested? What is this? This is shocking and three of us feel it's an unprecedented order. We haven't seen this kind of order in our lives

The Advocate General also informed the… Continue Reading...

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