“We have never seen an order like this!”: CJI NV Ramana on blanket stay of arrest to Former DGP Sumedh Singh Saini

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A Supreme Court bench headed by Chief Justice of India Justice NV Ramana and consisting of Justices Bopanna and Hima Kohli today deemed the order staying the arrest of former Punjab DGP Sumedh Singh Saini in all cases pending against him or likely to be registered, as “unusual”. The court further directed the Chief Justice of Punjab and Haryana High Court Justice Rajiv Shekar Jha to place the matter before another judge and dispose it within a period of two weeks.

Justice Arvind Sangwan of Punjab and Haryana High Court had on Thursday extended its 10th September 2021 order staying the arrest of former Punjab DGP Sumedh Singh Saini in all cases pending against him or likely to be registered til April 20. Earlier the court had granted a stay till February 2022. The High Court had stayed all proceedings the Balwant Singh Multani murder case which is pending before the Supreme Court.

When the matter was called for hearing Advocate General of Punjab Patwalia submitted that “it is an unprecedented order, they have given blanket stay on future proceedings as well.” The CJI agreed to this saying such an order cannot be passed by a court. Mukul Rohatgi, Senior Advocate, appearing for Saini submitted “The State has not followed a single order. He has survived an assassination attempt.”

The CJI at this point remarked “It is shocking. We have never seen an order like this.” The court was initially of the opinion that they will issue a notice in the matter and hear both the parties at length. However Rohatgi insisted that the matter before Punjab and Haryana High Court be disposed off.

The court on hearing the submissions passed directions asking the Chief Justice of Punjab and Haryana High Court to place the matter before another judge and further directed that the matter be disposed in two weeks.

 

Case title: State of Punjab Vs Sumedh Singh Saini