The Supreme Court on Tuesday asked the Punjab government to
bring on record the charge sheet filed in the fresh FIR against former DGP Sumedh
Singh Saini in the three-decade old murder case of junior engineer Balwant
Singh Multani.
A bench of Justices Ashok
Bhushan, R. Subhash Reddy and M.R. Shah said: "Gopal Subramanium, senior
counsel, for the state seeks time to place the charge sheet and additional
documents on the record. Let him do within two weeks."
The bench also asked the trial
court to postpone the hearing of the case slated on January 22, as it is
already seized of the matter. The observation was made during hearing on
Saini's plea seeking quashing of FIR, which was registered in May last year.
Subramanian, representing the
Punjab government, submitted before the top court that a charge sheet has been
filed and summons have been issued to Saini for appearance before the court on
January 22.
The bench said: "It has
been informed by learned counsel for the State that matter is fixed by the
Magistrate on 22.01.2021 for the appearance of the petitioner. In view of the
fact that we are hearing this matter, it shall be appropriate for the
Magistrate to postpone the date by the end of February 2021."
The top court had already
granted anticipatory bail to Saini in this matter.
Senior advocate Mukul Rohatgi,
representing Saini, submitted the charge sheet cannot be filed in the matter,
as the question over FIR's validity is yet to be decided by the apex court.
Rohatgi argued before the top court to stay the chargesheet proceedings before
the trial court. He urged the top court to grant liberty to record appearance
through his lawyer on January 22.
The top court in December last
year had granted anticipatory bail to Saini in a fresh case in the murder of
Multani. The Punjab and Haryana High Court in September, last year, had
declined to entertain Saini's pleas seeking anticipatory bail and quashing of
the fresh FIR.