SARBDEEP SINGH VIRK Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner, Sarbdeep Singh Virk, I.P.S. (Retd.) has filed this petition invoking jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, seeking quashment of memo No.249/PA/DVB dated 07.09.2007 along with draft FIR (Annexure P-21) as also the quashment of FIR No.10 dated 08.09.2007, under Sections 168, 169, 216, 218 and 120-B of the Indian Penal Code (for short IPC) read with Section 7, 13(1)(d)(e) and Section 13(2) of the Prevention of Corruption Act, 1988 (for short PC Act), registered at Police Station, FS-1 Vigilance Bureau, Mohali (Annexure P-19)and various ancillary reliefs.

(2.) The petitioner was a Member of the All India Service (Indian Police Service) belonging to 1970 Batch of the Maharashtra Cadre. He has served in the State of Punjab in various capacities, such as, the Senior Superintendent of Police, the Deputy Inspector General of Police, the Inspector General of Police, the Additional Director General of Police and finally as the Director General of Police during various spells right from the year 1984 till 2007. An FIR No.10 dated 08.09.2007 was registered by the Police at Police Station, FS-1, Vigilance Bureau, Mohali (Punjab) under the above mentioned sections of the IPC and the PC Act, respectively, containing various allegations. The same are being summarized hereunder:

(3.) The petitioner was arrested on 09.09.2007 from Maharshtra Sadan, New Delhi, where he was staying. He was taken to Punjab without any arrest warrants or transit remand. He was not produced before the nearest Magistrate nor guidelines laid down by the Hon'ble Supreme Court in D.K. Basu Vs. State of West Bengal, 1997 1 SCC 416, were observed. It is further alleged that son of the petitioner sought information from Delhi Police under the Right to Information Act and he was informed that Delhi Police was not informed regarding the arrest of the petitioner from Delhi. The petitioner was, however, granted bail by the High Court on 31.10.2007. It is further the case of the petitioner that the Deputy Chief Minister, State of Maharashtra, addressed a letter dated11.10.2007 to the Union Home Minster against the illegal action of the Punjab Government.