In a setback to the Punjab government,a Mohali court on Wednesday dismissed its application seeking directions to begin trial proceedings pending against former state DGP S S Virk for consideration of framing of charges.
Terming the application as uncalled for,the court refused to entertain it. The trial,pending before a Mohali lower court,is slated for hearing on March 8 two days after Punjab Assembly poll results will be declared.
Showing urgency,the state government on Wednesday moved the court stating that since the Punjab and Haryana High Court had dismissed a petition filed by Virk,where he had sought quashing of the FIR,the trial pending before Mohali court be resumed and charges framed against Virk. The government,in its application,also stated that since the Virks petition stands dismissed,the stay operating on the trial stands vacated.
On November 11,2011,Justice Permod Kohli had dismissed a petition filed by Virk seeking quashing of the FIR registered against him and another accused Anurag Saxena on charges of corruption. The FIR was registered by the Punjab Vigilance Bureau.
Advocate Amit Sharma,counsel for Virk,vehemently opposed the application. He averred that the application moved by the Punjab government was ill-founded,misleading and contemptuous. Contending that the stay granted by the high court has no relation with the petition filed by Virk,Sharma clarified that technically,no stay has been granted by the high court and that it had only directed the lower court to defer the hearing of the case. These directions were passed by the high court in another petition filed by co-accused Anurag Saxena.
Virks counsel demanded that the application be dismissed with exemplary cost since there is no change in the circumstances of the case. Refusing to entertain the application moved by the Punjab government,the court questioned the law officer,who submitted that certain high-ups of Punjab government had asked for filing the said application in the court.
Passing a detailed order,the court of R K Aggarwal,special Mohali Judge,dismissed the application. The trial,slated for hearing on March 8,will come up on the said date.