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In the impugned order, the High Court had noted that if the allegations made by the accused were found to be true, the conduct of the police officials would amount to subverting the course of justice by causing interference in the implementation of orders passed by the courts.
The Supreme Court on Friday issued notice in a plea by the Chandigarh UT against Punjab and Haryana High Court’s direction to the Punjab police to probe allegations against Chandigarh police of illegalities in the arrest of a city dentist last year.
A bench of Justices AS Bopanna and Hima Kohli stayed the high court's order while directing the Chandigarh police to preserve the records relating to the case.
ASG KM Nataraj submitted before the bench that the high court, while hearing an anticipatory bail plea, could not direct a special investigation team to be constituted.
“This is not at all permissible, and is totally without jurisdiction,” the ASG added.
Advocate Prashant Bhushan, appearing for the accused said that this was one of the worst cases of police excesses that he had encountered. Bhushan explained that the accused, had filed a suit for recovery of some outstanding dues owed to him by a woman from Nairobi on account of her treatment and a senior police officer, who was also a special director with the Central Bureau of Investigation implicated him in a series of complaints about improper treatment allegedly provided by him.
High Court in the impugned order recorded several reasons to establish why a probe by an SIT outside Chandigarh was necessary observing that this case had the potential to shake the confidence of the common man in the administration of justice.
Earlier this case was mentioned by SG Tushar Mehta before a CJI Chandrachud led bench which had agreed to list the matter on urgent basis.
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