New Delhi, Oct 1 (ILNS) The Supreme Court today extended an interim protection to Gurjinder Pal Singh, Additional Director General of Police, Raipur ADG(P) in matters related
to offence of sedition and extortion only and directed the
Chattisgarh High Court to look into it.
The Three Judges Bench comprising Chief Justice N.V.Ramana, Justice Surya
Kant and Justice Hima Kohli extended the protection to ADG(P) which was given by the Supreme court on September 27, 2021.
However, the Bench declined to provide him the interim protection in a corruption case
which the Petitioner prayed for.
The Bench was hearing a batch of Petitions filed by Gurjinder Pal Singh, Additional Director General of Police, Raipur against whom corruption charges were levelled by competent authorities in multiple FIRs.
The charges not only included, Sedition charges, Extortion charges but also of cheating and misappropriation of funds.
Three petitions were filed by the ADG in the Supreme Court in which Senior advocate Fali S.Nariman appeared for him. Senior advocate Mukul Rohatgi appeared for Chattisgarh Government.
Mr. Nariman submitted before the court that “ I was cooperating in the investigation proceedings and in the meantime, third FIR was registered against me.”
Nariman to Bench –“On the face of FIR, no whisper about public order.”
The CJI asked Senior Advocate Mukul Rohatgi, appearing for the Chattisgarh govt.“What happened before the High Court of Chattisgarh? ” –
Rohatgi replied that the petitioner herein is a police officer, rank of Additional Director General of Police. This court granted protection to senior police officer. Some Materials were recovered from his house. Rohatagi said that Rs 20 crores were recovered from the house of the Petitioner,
To which Nariman, criticized the contentions of Chattisgarh government by
stating that they have recovered only 2 sets of papers. They are saying torn
papers – they are not in panchanama, not signed by IO – they were planted.
Vikas singh, Sr. Adv who appeared for the ADG in another matter related to disproportionate assets case and Prevention of Corruption case submitted before Bench that the ADG is a reputed officer, earlier he was in a SIT team/
“False case is reported against my client just because he did not falsely implicate the
former BJP Chief Minnister. they are hounding reputed officers.” Vikas Singh said.
Rohatgi submited before Bench that Writ of ADG Gurjinder Pal Singh is for
transferring the matter to CBI –
Where is the question of stay of investigation arises, Kindly do not
pass stay order in item 30.1 and item 30.2. I cannot say the same in item 30.3, Rohatgi stated.
“Nothing is owned by my client. Let the matter be transferred to CBI for investigation.”
Vikas Singh said.
CJI then asked Vikas Singh, “You are seeking transfer of investigation to CBI and stay of investigation . And you have not sought anticipatory bail also.”
They have taken my passport, I joined investigation, Vikas Singh said
The High Court of Chattisgarh had dismissed the interim protection to the Senior
Police Officer, holding that “ application for grant interim relief will not adversely affect the right of petitioner to defend himself before the case of prosecution or at the time of final hearing of Writ petition or even during investigation of the case or even before trial court in case of submission of final report before Trial Judge.”
Background of the case –
The Petitioner Gurjinder Pal Singh has completed 25 years of dedicated
service. He has been awarded by the Government for his efficient service to
the police department. He has worked in extremely hard situation and
continuously worked in Naxalite infected area, he also worked as Naxal
operation. In the year 2007 he was awarded with police medal for Gallantry. In
the year 2011, he was awarded with President Police Medal for meritorious
The Petitioner preferred Writ Petitions challenging the FIR dated 08.07.2021
or committing offence under Sections 124A & 153A of I.P.C., mainly contending that the registration of FIR is a continuation of the ill-motivated
vendetta to rope the petitioner at the whims of State agency under the aegis of
highest authority of the State on account of pre election propagation made by
the party in power. It has been contended by Senior counsel that the
FIR bearing registration No. 22/2021 has been registered against the
petitioner by Anti Corruption Bureau, Raipur on 29.06.2021 under Sections
13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988.
In another Writ Petition , the petitioner’s predecessors conducted raid at
multiple locations and headquarter of Nagrik Aapurti Nigam (for short “the
NAN”) and FIR No. 09/2015 has been registered at Police Station- ACB/EOW,
Raipur. In the raid conducted by the ACB/EOW, two diaries were seized in
which alleged gratification paid to various functionaries of State, have been
mentioned and the diary contained the entries against abbreviation “CM Sir”
and “CM Madam”, which later became centre of political controversy.
Thereafter, a charge-sheet was filed on 5th June, 2015 for committing an
offence under Sections 109, 120B, 409, 420 of IPC read with Section 13(1) (d)
& 13(2) of the Prevention of Corruption Act, 1988 (for short “the Act, 1988”)
against 16 accused persons./ILNS/KR/SNG/