On Friday, Punjab Vigilance Bureau produced AIG Ashish Kapoor and ASI Harvinder Singh in a Mohali Local Court that remanded them to 4 days in police custody. The third accused, DSP intelligence Pawan Kumar, is yet to be arrested.
AIG Ashish Kapoor's Lawyer Pardeep Virk opposed the police remand & termed Kapoor's arrest as 'unlawful.'
He said: There are three flaws in the vigilance case, firstly the accused was produced 24 hours after the arrest; secondly no sanction from a senior vigilance officer for Section 17-A of the PC Act was taken & thirdly, a SIT headed by an ADGP-level officer has already given clean chit to my client. How is it possible on the part of a DSP to become a complainant & lodge a fresh FIR? According to the law, the person who is the complainant cannot investigate."
"An officer of the rank of SP - far junior to the ADGP-rank officers comprising the SIT - submits a report to the chief director of the vigilance bureau, who recklessly orders the arrest of the AIG," added the counsel. The matter was heard in the court of civil judge Vaishnavi Sikka, where the lawyers of both the parties got into a heated argument. After arguments, the Court first reserved the verdict, but at 6.30 pm, the court sent both of them to police remand till Tuesday.
Lawyer Virk said that Kapoor was arrested in the FIR at 12.30 pm on Thursday & it has been shown that vigilance did not present him in 24 hours. As per the directions of the Supreme Court, after the FIR is registered, the arrested person should be produced in the court within 24 hours. On the other hand, the public prosecutor told the court that AIG Ashish Kapoor had taken 11 cheques from the woman, through which she got Rs 1 crore transferred to the accounts of his acquaintances. Then Kapoor got the amount & kept it for himself. After hearing the arguments of both the sides, the court sent the two men to police remand till Tuesday.
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