The Supreme Court on Tuesday asked the Punjab government tobring on record the charge sheet filed in the fresh FIR against former DGP SumedhSingh Saini in the three-decade old murder case of junior engineer BalwantSingh Multani.
A bench of Justices AshokBhushan, R. Subhash Reddy and M.R. Shah said: "Gopal Subramanium, seniorcounsel, for the state seeks time to place the charge sheet and additionaldocuments on the record. Let him do within two weeks."
The bench also asked the trialcourt to postpone the hearing of the case slated on January 22, as it isalready seized of the matter. The observation was made during hearing onSaini's plea seeking quashing of FIR, which was registered in May last year.
Subramanian, representing thePunjab government, submitted before the top court that a charge sheet has beenfiled and summons have been issued to Saini for appearance before the court onJanuary 22.
The bench said: "It hasbeen informed by learned counsel for the State that matter is fixed by theMagistrate on 22.01.2021 for the appearance of the petitioner. In view of thefact that we are hearing this matter, it shall be appropriate for theMagistrate to postpone the date by the end of February 2021."
The top court had alreadygranted 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 beforethe trial court. He urged the top court to grant liberty to record appearancethrough his lawyer on January 22.
The top court in December lastyear had granted anticipatory bail to Saini in a fresh case in the murder ofMultani. The Punjab and Haryana High Court in September, last year, haddeclined to entertain Saini's pleas seeking anticipatory bail and quashing ofthe fresh FIR.