High Court to examine if CBI can probe sacrilege cases - ECAS Punjab

High Court to examine if CBI can probe sacrilege cases

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Saurabh Malik
Tribune News Service
Chandigarh, October 6

The Punjab and Haryana High Court has decided to examine whether non-issuance of a notification by the Centre for withdrawing investigation from the CBI in sacrilege cases would have any effect after the withdrawal of consent by the Punjab Government for CBI probe has been approved by a coordinate Bench.

Justice Amol Rattan Singh observed the consent for investigation by the CBI was no longer in existence as far as the Punjab Government was concerned. Another question required to be considered by the court was whether the Special CBI court in such circumstances would still have the jurisdiction to continue to consider the matter on a report submitted by the premier investigating agency.

The matter will come up for further hearing on Wednesday when arguments on the issue will be addressed on the basis of the relevant provisions of the Delhi Special Police Establishment Act and the Code of Criminal Procedure.

Justice Rajan Gupta of the HC on January 25, 2019, had upheld Vidhan Sabha resolution to withdraw consent for probe by the CBI. The Supreme Court had, subsequently, turned down the CBI's plea challenging the withdrawal of sacrilege cases probe from it on technical ground of delay in approaching it. As of now a "parallel probe" is being carried out by the CBI and special investigation team. The matter was brought to the HC's notice with the filing of two petitions by Shakti Singh, Sukhjinder Singh and another petitioner. The Bench was told by CBI counsel Sumeet Goel that a review application had been filed by the agency before the Supreme Court regarding the dismissal of the SLP.

Appearing before the Bench on the complainant's behalf, advocate GPS Bal submitted that the application was filed in the Supreme Court in March, but request for early hearing had not been made.



from The Tribune https://ift.tt/36EFaQQ

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