- (1.) BHARAT Inder Singh Chahal, through his wife, Smt. Jaswinder Kaur, resident of Patiala has filed the above Civil Writ Petition praying the following relief. "civil Writ Petition under Articles 226/ 227 of the Constitution of India for the issuance of appropriate writ, orders or directions protecting the petitioner in the due process of law against calculated and substained infringement of the petitioner's fundamental and statutory rights by planned abuse of the administrative apparatus of the state of Punjab by the respondents. With a further prayer for a specific direction that the petitioner be not deprived of his liberty and other fundamental rights except in due process of law; with a further specific direction that the petitioner be given a week's advance notice before effecting his arrest in any case registered in the State of Punjab; with a further direction that the Vigilance bureau shall not arrest the petitioner in any case without prior permission of this Hon'ble court; with a further prayer that the Vigilance bureau or any other official connected therewith shall not question, interrogate or harass the petitioner while he is in custody of punjab Police (other than Vigilance Bureau)or while he is in judicial custody in any such case; with a further specific direction that the communications dated 27-4-2007 asking the banks to freeze and stall the operation of bank accounts and lockers even before the petitioner was involved in any case, be quashed forthwith; with a further direction that the order of remand (Annexure P-21) passed by Shri K. S. Cheema, learned Additional Chief Judicial Magistrate/duty Magistrate, Ludhiana on 10-6-2007 be quashed; with a further prayer that the entire record of the investigation of case FIR No. 105 dated 10-6-2007 (Annexure P-16) under Sections 307, 452, 447, 379, 427, 148, 149 of Indian Penal Code registered at Police Station Sadar, Ludhiana be entrusted to the CBI and further investigation by punjab Police in the matter be stayed forthwith. " The case of the petitioner as stated in the writ petition is briefly stated hereunder : (a) According to the petitioner, he is 59 years old and was appointed as Media Advisor to Captain Amarinder Singh, the then chief Minister, Punjab in February, 2002 and was given the status of Minister. He resigned in january, 2007, before the assembly election in February, 2007, in which akali Dal (B)-BJP Government came to power. The third respondent, Shri Parkash singh Badal, took over as Chief Minister, state of Punjab on 3-3-2007. Since a criminal case was registered against the third respondent in FIR No. 15 dated 24-6-2006, under Sections 420, 467, 468, 471, 120-B of the Indian Penal Code read with Sections 7, 8, 9, 10, 13 (1) and 13 (2) of Prevention of corruption Act at Police Station VB FSI, mohali, he has a grudge against the petitioner and made a open/public statement that the petitioner will not be spared. This is evident from reports published in various newspapers which are annexed with the present petition. Further respondent No. 3 had been openly alleging that the petitioner was instrumental in getting the FIR registered against him and his family members through one Balwant Singh. (b) After the change of Government in punjab in March, 2007 and Akali Dal (B)coming to power had led to registration of criminal cases against the Ex. Chief Minister, former Congress ministers, close associates of the Ex. Chief Minister and Congress workers. The petitioner is being specially targeted and his family, friends, associates, former employees and gunmen are being repeatedly threatened and pressurized to give any incriminating statement against the petitioner leading to registration of an fir against him. The Punjab Vigilance Bureau under the pressure of respondent No. 3 are leaving no stone unturned for implicating the petitioner in any false criminal case leading to his arrest. (c) The Vigilance Bureau, Punjab registered an FIR No. 5 dated 23-3-2007 (Annexure P 9/a), under Sections 409,420, 467, 468, 471, 120-B of the Indian Penal Code and Sections 7 and 13 (1) (c) and (d) read with sections 13 (2) and 14 of the Prevention of corruption Act, at Police Station Vigilance bureau, Ludhiana known as "ludhiana City centre Scam". In the instant case, this Court on 30-5-2007 granted interim protection to the petitioner and adjourned the case for 31-5-2007. (d) On 8-6-2007, the petitioner received a notice under Section 160 of the Code of criminal Procedure from Vigilance Bureau, ludhiana to join investigation in case FIR no. 5 dated 23-3-2007 on 10-6-2007. During the said interrogation, the officers of the vigilance Bureau, Ludhiana and the local punjab Police were present and the petitioner was informed that he is being arrested in FIR No. 105 dated 10-6-2007 (Annexure p/16), registered on the basis of complaint of Harchand Singh under Sections 307, 452, 447, 379, 427, 148 and 149 of the Indian penal Code, Police Station Sadar, Ludhiana. (e) In the additional affidavit, it is stated that apart from the above mentioned two cases, the Punjab Police have registered FIR no. 126 dated 12-6-2007 (Annexure P-30)under Sections 324, 406, 420, 467, 468, 471 of the Indian Penal Code, Police Station Civil lines, Patiala and FIR No. 227 dated 13-6-2007 (Annexure P/31), under Sections 406, 420, 506 of the Indian Penal Code at Police station Kotwali, Patiala. He was falsely implicated in various FIRs registered by the punjab Police with a view to circumvent the order dated 1-6-2007 passed by this Court in Criminal Misc. No. 35545-M of 2007. (f) It is further stated that because of this political vendetta and his close relationship with former Chief Minister, after the change of the Government, the Punjab Police conducted raids at various places not only of the petitioner but also his wife and other family members. The constitution of Vigilance Bureau itself is questionable and hence there cannot be any action through them. (g) It is further stated that since the police including the Vigilance Bureau fail to follow the mandatory conditions as laid down in D. K. Basu v. State of West Bengal, air 1997 SC 610 : (1997 Cri LJ 743), the arrest and order of remand as well as further follow up actions are liable to be quashed. Since the petitioner apprehends that he will not get fair justice at the hands of Punjab Police/vigilance Bureau, all the firs filed against him be transferred to CBI for further investigations.
(2.) ON behalf of the respondents Nos. 1 and 2, one Pirthi Chand, Additional Secretary, Vigilance, Government of Punjab has filed a written statement disputing various allegations made in the writ petition. The contents of written statement are briefly stated hereunder. (a) Against the order dated 31-5-2007, annexure P-13, the State of Punjab filed SLP (Cri) No. 3478 of 2007. In the meanwhile the petitioner had filed Cri. Misc. 35545-M of 2007 in which interim order dated 1-6-2007 was passed directing that till 4-7-2007, the petitioner shall not be arrested in any case by the Punjab Vigilance Bureau without giving him 4 days notice in advance. The said order made it clear that the interim directions shall continue till 4-7-2007 and the same would be subject to the orders if any passed by the Supreme Court in the SLP filed against the order dated 1-6-2007. The said SLP along with other connected petitions were disposed of vide order dated 18-6-2007. The said order has been annexed as Annexure P/32. It is further stated that in view of the order passed by the Supreme court and the law laid down in the case of adri Dharan Das v. State of West Bengal 2005 (4) SCC 303 : (2005 Cri LJ 1706), the present writ petition is liable to be dismissed. (b) On merits, it is stated that the cases have been registered against the petitioner only on the basis of complaints made by the persons concerned. Further, the learned magistrates have exercised their judicial mind while granting remand. Hence the prayer of the petitioner is wholly misconceived and mere attempt to scuttle the due process of law. The allegation that pressure has been made to bear upon the respondents from any quarter for taking action against the petitioner is baseless and denied. The specific role of the petitioner in the administrative and political set up of the previous regime, pertaining to decision making, involving investment and other matters etc. would come to fore only after the completion of the investigation process. It is reiterated that the majesty of law would be completely upheld. The change of heads of Government at the political level, has no bearing whatsoever in its administrative functioning. Neither the present Chief Minister nor his son has any role whatsoever in getting any FIR registered against the petitioner. Any reference to the newspaper report in this regard has no meaning. The petitioner was never taken anywhere from the custody of the Punjab Police. All the FIRs were registered without any prejudice or mala fide intention or political vendetta as alleged by the petitioner. On the other hand, the same have been registered in accordance with the provisions of law and are being duly investigated by a team headed by an officer of the rank of Superintendent of Police. The vigilance Bureau is acting in an absolutely independent and fair manner. It is, therefore prayed that since no case for interference by way of writ petition is made out, the same is liable to be dismissed.
(3.) IN the light of the above pleadings, we heard Shri R. S. Cheema, learned Senior Advocate for the petitioner and Shri H. S. Mattewal, learned Advocate General, Punjab for the respondents.;