The Supreme Court will hear on March 17 a plea by Chandigarh Administration challenging the Punjab and Haryana High Court order asking the state police to register an FIR and set up a SIT to probe the alleged abduction of a dentist by UT Police personnel.
Chief Justice DY Chandrachud presiding over a two-judge bench told Solicitor General Tushar Mehta, who appeared for the UT Administration, that he was yet to read the file and will take up the matter on Friday.
Mehta told the bench also comprising Justice P S Narasimha that the matter was required to be heard urgently, as the Punjab Police had already constituted a SIT pursuant to the directions of the High Court and they could arrest Chandiargh Police personnel in the case. He submitted that the HC too had noted that the complainant’s “case is not rock solid” and “he has many questions to answer”.
He added that the “SIT of Punjab Police will investigate Chandigarh Police based on an assertion of the petitioner which the High Court also says is not above board”.
As the SG expressed the apprehension that it will lead to a difficult situation if the Punjab Police arrests some UT Police personnel. However, the CJI remarked, “You can tell them that…we haven’t read the papers since it was mentioned. We will keep it on Friday so that we can see the (HC) judgment.”
The HC order came on a petition by city-based dentist Mohit Dhawan, who alleged that he was abducted by personnel of the Chandigarh Police.
In its order passed on March 3, the Punjab and Haryana HC had said that “considering the fact that this case not only has the potential to shake the confidence of the common man in the administration of justice; but if incidents as alleged by the petitioner are found to be true, the conduct of police officials would amount to subverting the course of justice by causing interference in the implementation of the orders passed by the Courts…”.
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It said that “…exceptional circumstances of this case warrant investigation to be carried out by constituting a SIT headed by an officer not below the rank of SSP outside UT Chandigarh, after registration of an FIR on the basis of representation submitted by the petitioner on February 3, 2022, including the conduct of arresting team whether it was acting in concatenation with abducting team”.
The HC asked the Punjab DGP to constitute the SIT within a period of one week, to be assisted by some technical experts in telecom domain, to investigate the matter and submit its final report to the court concerned.
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March 16, 2023 at 10:30AM
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City-based dentist’s ‘abduction’: SC to hear Chandigarh’s challenge to HC order on March 17 - The Indian Express
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