SUKHMOHINDER SINGH SANDHU Vs. CBI

JUDGEMENT

(1.) These four Criminal Miscellaneous Petitions have been filed by four accused persons facing trial before the learned Sessions Judge under Section 342, 365 and 120B IPC. The petitioners have assailed order dated 1st April, 2010 dismissing their applications under Section 91 Cr.P.C., filed for directions to CBI to supply certain documents and statements allegedly in possession of CBI.

(2.) The petitioners/accused persons are police officials against whom this FIR was registered at the instance of High Court of Punjab & Haryana and investigation was handed over to CBI. Accused Sumedh Singh Saini was, at that time, SSP Ludhiana. It was alleged by the complainant that he had enmity with owner of M/s Saini Motors and during his tenure as SSP, a number of cases were registered against the owner and other family members of M/s Saini Motors. Local police while conducting investigation of FIR No. 22 of 1994 found that there are business transactions between M/s Saini Motors and Walia family. So, local police roped in Walia family also along with Saini Motors in many criminal cases. Vinod Kumar and Ashish Kumar were members of Walia family. Vinod Kumar and Ashish Kumar filed petitions before the High Court about threat to their lives at the hands of police officials. Vinod Kumar went missing. He was last seen alive with accused Sumedh Singh Saini, SSP of Ludhiana, in the evening of 15th March, 1994.

(3.) After his disappearance, on a petition filed before the High Court, the High Court directed CBI to investigate the matter and to file progress report from time to time before the High Court. In the progress report filed by the CBI before the High Court in 1995, the CBI mentioned that till then it had recorded statements of about 70 persons and collected documents from various agencies. However, the investigation continued and challan was filed in the year 2000. It would not be relevant here to discuss as to why and how so much time was taken by CBI in investigating the matter. However, the challan was filed before the Court of M.M. at Ambala as per the directions of High Court of Punjab & Haryana and accused persons were supplied copies of charge-sheet along-with documents of the case under Section 207 Cr. P.C. by the court of MM at Ambala. After supply of copies, the matter was committed to the Sessions court at Ambala being a sessions trial case. The accused persons seemed to have filed applications for transfer of trial from Ambala to Delhi before the Supreme Court. As a result thereof, this trial got transferred to a Delhi Court. After the trial was transferred to Delhi and was assigned to the court of ASJ, the concerned ASJ heard arguments on charge and framed charges against all the four accused persons on 9th January, 2007. However, the trial did not proceed further as all the four accused persons filed Criminal Revision Petitions before this Court (High Court of Delhi) against framing of charge, which are pending disposal. Meanwhile, one of the witnesses i.e. Smt. Amar Kaur made an application before the High Court that she was of quite old age and may not live to depose in the court and see the end of trial if the trial proceeded at the pace it is proceeding and her statement be recorded. It was under these circumstances that this Court directed recording of statement of witnesses. While PW-1 was being recorded before trial court, all accused persons made applications under Section 91 of Cr.P.C. asking the court for directions to CBI to produce certain documents and statements. In the applications it was mentioned that CBI had withheld and had not placed on record of the trial court some vital and relevant documents and evidence i.e. statements of witnesses recorded during the course of investigation which could have serious ramifications regarding outcome of the case. It was alleged that certain crucial and critical documents were disclosed and supplied by various persons and witnesses to CBI during investigation and those documents were very important in the matter and would go a long way in proving the innocence of applicants. These documents were absolutely necessary for perusal of the Trial Court for imparting justice.