Graft charge against IG: Court directs Dera head to seek prosecution sanction from govt

The court issued the directions on April 16 and a copy of the order was made available on April 20.

Yadav’s name had come up during investigation of an FIR registered at Sadar Kotkapura police station on June 2, 2023 on the complaint of Sant Gagan Dass, who claims to be the legal heir to Sant Dayal Dass.

Besides Yadav, then SP Gagnesh Kumar, DSP Sushil Kumar, Sub-Inspector Khem Chand Prashar, a religious leader Manjeet Dass, and Jaswinder Singh alias Jassi Thekedar, an alleged close aide of Gangesh Kumar, were booked under relevant sections of the Prevention of Corruption Act for allegedly demanding a bribe of Rs 50 lakh to influence the investigation into the murder of Sant Dayal Dass, who was shot dead by two men on November 9, 2019.

The prime allegation against the police officers was that they did not conduct a fair investigation in the murder case, allegedly due to extraneous reasons including bribery. It has been alleged that a key accused — Sant Jarnail Singh from a rival dera, named in the initial FIR — was exonerated by the police, a move that was questioned by the high court and Sant Gagan Dass. It was further alleged that police officers demanded a bribe of Rs 50 lakh to re-nominate Sant Jarnail Singh.

While investigating the charges against the police officers, a challan was presented against the accused persons including Gangesh Kumar, Sushil Kumar, Khem Chand and Jaswinder Singh, but no challan was presented against IG Yadav.

On the basis of application moved by Sant Gagan Dass, the special court had summoned the status report from Vigilance Bureau regarding the stage of investigation against Yadav. DSP Kewal Krishan (Vigilance Bureau) Faridkot-cum-SIT, which is investigating the said FIR, said that “nothing substantive came on record in order to strengthen the case of the prosecution”. The officer further stated that that “if and when any material aspect qua IG Pardeep Kumar Yadav comes on record necessary action will follow as per law and the court would be duly communicated with the necessary details”. It was due to the non-submission of the challan against Yadav that Sant Gagan Dass moved the application in the Special Court, Faridkot for taking cognisance against the IG.

Taking note of the application, the court in its order, said, “Section 19 of PC Act specifies that no Court shall take cognizance of an offence against a public servant punishable under Sections 7, 11, 13 and 15 without the previous sanction of the state or central government or the competent authority as the case may be. Before filing the present application in the court, the complainant should have filed the requisite application before the appropriate Government seeking sanction under Section 19 of PC Act for prosecution.

Further citing the Supreme Court’s and Punjab and Haryana High Court’s judgements, the court, in its order said, “There is no bar for a private person to seek sanction from the appropriate Government for prosecuting a public servant under the provisions of Prevention of Corruption Act It added, “confronted with aforesaid situation the learned counsel for the complainant has submitted that complainant intends to file an application/representation before the appropriate Government for obtaining sanction under Section 19 of PC Act for prosecuting IG Pardeep Kumar Yadav. In view of the aforesaid scenario, the complainant is granted liberty to move application before the appropriate government seeking sanction to prosecute Yadav “.

Meanwhile, citing “serious lapses and shielding of the IGP”, Sant Gagan Dass has also moved the Punjab and Haryana High Court, seeking the transfer of the probe from the Vigilance Bureau to the CBI.