The Punjab Vigilance Bureau has decided to file a RecallPetition in the High Court against the August 19 release orders of Sumedh Sainiin a land fraud case , and also against the court’s interim bail order ofAugust 12 in the disproportionate assets case against the former DGP.
The Bureau will soon be moving the recall petitions inthe two cases filed against Saini, a 1982 batch IPS officer.
Saini was arrested on August 18 in the land fraud case(FIR no. 11, Mohali) when he went to the Vigilance Bureau (VB) office late inthe evening (around 8 p.m) in connection with another case (FIR no. 13 -disproportionate assets case). Saini had gone to the VB office in accordancewith the High Court orders awarding him interim bail subject to him joining theinvestigation in FIR 13 within 7 days of the grant of interim bail.
Ordering Saini’s interim bail, the court had, on August12, 2021, stated: “For joining loose ends, if any with regard to thedocumentary evidence or banking transactions, this Court is of the opinion thatcustodial interrogation of the petitioner is not required. The petitioner isgranted interim bail subject to his joining investigation within one week fromtoday.”
Pointing out that the ex-DGP had chosen to visit the VBoffice late in the evening on the last day of the 7-day period, an officialspokesperson of the Bureau said Saini had thus failed to follow the HC ordersin letter and spirit. “Saini intentionally exhausted the 7-day period duringwhich he had to join the investigation in accordance with the interim order inFIR no. 13, and even then he arrived at the Sector 68 Mohali office of theBureau without any prior intimation to the IO. In fact, he intentionally didnot go to the office of I.O. V.B., Unit SAS Nagar, Quarter No. 69, PoliceHousing Complex, Sector-62, SAS Nagar,” said the spokesperson.
In the circumstances, the Bureau had thus decided to filea petition before the court seeking the recall of the interim bail orders inthe disproportionate assets case. The case relates to 35 properties and certainbank accounts of Nimratdeep XEN, with balance and transactions worth Rs 100crores, including some in crores of rupees with Saini, leading to his undueenrichment, and exhibiting that he held assets far exceeding his income.
The spokesperson further said that sufficient ground wasalso made out in the land fraud case for the state to seek recall of the HCorders releasing Saini from detention. Firstly, Saini had been taken intocustody not under FIR 13 (where he had got interim bail) but in case relatingto FIR 11, in which he had no protection from arrest. The criminal acts in FIRno. 11 and FIR no. 13 are different, said the spokesperson.
Secondly, the earlier protection orders of the HC, dated11.10.2018 and 23.09.2020, do not apply to this particular case as those hadprovided for 7 days’ notice to be given to the officer before arresting him forany offences committed during his service period. Since Saini retired from service in June 2018while the crime against him in illegalland fraud case related to the year 2021, he was not protected from arrestwithout notice by the said orders, said the spokesperson.
Notably, the HC, in its order dated 19.08.2021, haddeclared the detention of Saini “illegal in circumvented violation ofprotection orders dated 11.10.2018 and 23.09.2020 and interim anticipatory bailorder dated 12.08.2021.”
The said land fraud case relates to Saini conspiring withone Surinderjit Singh Jaspal to forge a property purchase agreement. The VB hadcharged Surinderjit Singh Jaspal, who is the father of Nimratdeep, and SumedhSingh Saini with conspiracy to prevent attachment of House No.3048,Sector-20/D, Chandigarh, and had further accused them of creating a falseagreement and using it as a valuable security. Hence, Surinderjit Singh Jaspaland Sumedh Singh Saini had committed offence u/s 465, 467, 471 r/w 120-B IPC,as per the Bureau.