Supply list of pending trials against MPs/MLAs: Punjab and Haryana HC raps state, says if needful not done personal appearance of senior officers will be sought

Read Order- Court on its own Motion Vs. State of Punjab & ors.

Tulip Kanth

Chandigarh, August 23, 2021: The Punjab and Haryana High Court has recently granted an opportunity to the Additional Advocate General, Punjab, to seek instructions from the state’s Director General of Police and apprise the court about the number of cases pending against MLA Simarjeet Singh Bains and the stage of investigation after charges of rape, conspiracy and criminal intimidation along with others were registered against him. 

The High Court passed this Order after admonishing the State for not providing it with any clear response as per the query pertaining to the complete list of cases pending against the MLA.

The Bench of Justice Rajan Gupta and Justice Karamjit Singh said, “No clear response is forthcoming as per the query raised by the Bench on the last date of hearing. We are not inclined to grant further time. Purely in the interests of justice, however, one opportunity is granted. He shall be at liberty to seek instructions from Director General of Police, Punjab and apprise the court about the number of cases pending against Simarjeet Singh Bains and stage of investigation after registration of case against him by virtue of order passed by the concerned Magistrate at Ludhiana under section 156(3) Cr.P.C.”

This order has been made pursuant to an application seeking impleadment on the ground that complete list of cases pending against sitting MLA from Atam Nagar Assembly constituency, Simarjeet Singh Bains, had not been furnished by the State. 

The Applicant claiming to be a victim of rape at the hands of the accused MLA argued that the police had not proceeded further with the investigation and the police is sitting tight over the matter and not conducting any investigation because of influence of the MLA. 

The Additional Advocate General, Punjab , submitted that he still does not have complete instructions in the matter and needs more time to file an affidavit.

Earlier, the Punjab and Haryana High Court  had dismissed the MLA’s plea for quashing an order of a lower court which had  directed the registration of the case against him.

The Bench also addressed another development in the resumed hearing of the case pertaining to the pending trials against MPs and MLAs.

The Amicus Curiae had pointed out that in all those cases where stay is operating, respective investigating/prosecuting agencies need to move an application for vacation of stay in view of Ashwani Kumar Upadhyay Vs. Union of India & Anr. [WP (Civil) No. 699 of 2016].

On this, the High Court clarified that the counsel representing various investigating agencies as well as prosecution have assured the court that this matter shall be looked into and all earnest efforts shall be made before the next date of hearing. 

The Bench had no hesitation in making it clear that in case needful is not done, it will have no option but to seek personal appearance of all the senior Officers who are entrusted with supervising the stage of pending investigations/trials.

Listing the matter on September 3, 2021, the High Court has also held that by the next date of hearing, registry may supply a list of cases pending against MPs/MLAs in this court whether in the nature of civil or criminal proceedings.