On Friday, the Apex Court expressed "shock" on the "unprecedented" order passed by the High Court of Punjab and Haryana of protecting former Punjab DGP Sumedh Singh Saini in all future cases & asked the HC Chief Justice to decide his plea within 2 weeks.
A bench of CJI NV Ramana & Justice AS Bopanna & Justice Hima Kohli asked the Chief Justice of the HC to either hear the matter himself or assign it to another bench & not to the one who passed the interim order.
The Supreme Court termed the HC order granting protection to Saini in all future cases as "unprecedented".
"This is unprecedented order. How can a future course of action be stayed? It is shocking & three of us (judges) feel that it is unprecedented. This will require a hearing," the bench said.
Yesterday, the HC has extended till April 20 the stay on the arrest of Saini in all cases pending against him or likely to be registered, except the murder of Balwant Singh Multani case as it's pending before the Top Court.In its order, the Supreme Court said, "We will request the High Court to dispose of the petition by another judge & not the same judge within two weeks. We request the Chief Justice to take it up himself or by any other judge & we will keep this matter (SLP) pending in (Supreme) Court."
In the HC, Saini has sought to transfer all criminal cases pending against him to the CBI.
Senior Lawyer Mukul Rohatgi, appearing for Saini, told the bench that there have been attempts by the Punjab Govt against Saini.
He further argued that there were assassination attempts on Saini & more than half-a-dozen cases registered against him.
To this, Chief Justice of India said, "Whatever it may be, you can't pass an order saying in future cases also he can't be arrested? What is this?"
Advocate General for Punjab DS Patwalia argued that by the High Court there is a blanket stay, protection against everything.
Saini, a 1982-batch IPS officer, who was the youngest DGP in the country, retired in 2018 after 36 years of service.
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