The CBI court has rapped the central agency for not including the name of Chandigarh Police Inspector Jaswinder Kaur as an accused in a bribery case. The court has sought a report from the SSP Chandigarh Police by March 5, 2020, for considering the grant of requisite sanction for prosecution to take cognizance against Kaur.
The special CBI Court of Dr. Sushil Kumar Garg, Additional District and Sessions Judge also sent a separate letter to SP, CBI, ACB, Chandigarh for pursuing the matter regarding the grant of sanction for prosecution against Jaswinder Kaur, in accordance with law, and also to Director, CBI, New Delhi for information and act in accordance with law. Inspector Kaur is deputed as Station House Office (SHO) of PS Manimajra. When the incident took place in 2017, she was HO of PS 31, Chandigarh.
While disposing of an application seeking to insert the name of Kaur, the court opined that Jaswinder Kaur can be summoned to face the trial along with accused Mohan Singh who is already facing the trial.
Commenting on CBI not including Kaur’s name in the chargesheet, the court held that “Jaswinder Kaur has not been arrayed as an accused on the ground that the Roznamcha of the police station and logbook of vehicle used by SHO during the period in question show her presence in Ram Darbar area but no independent evidence has come regarding her meeting with the complainant. The CDRs of the relevant period of the mobile phones of the complainant, accused Mohan Singh and Jaswinder Kaur show their location in the tower area, but no independent evidence has come on record regarding meeting of Jaswinder Kaur with complainant.”
“…it appears that the CBI is adamant not to array Kaur… as accused by believing on the self serving statements of police officials…associated with her or worked under her…The evidentiary value of the disclosure statement of the accused Mohan Singh, who is facing trial as well as the evidentiary value of other witnesses, who are independent witnesses or not, is to be seen by the trial court…”, read the CBI court order.
The court thus rapping the CBI held that, “the CBI has committed a grave error and tried to usurp the power of the court before the commencement of the trial, because there is no statutory requirement of recording of conversations regarding the demand or acceptance of bribe money by the accused from the complainant. Further, as per the ratio of law laid down by Hon’ble Supreme Court of India in catena of judgments, no independent witnesses are required for the corroboration of the allegations of the complaint, because it is to be seen by the trial court whether independent corroboration of the material particulars is required or not.”
“…There is strong, cogent and more than prima facie evidence against the proposed accused Jaswinder Kaur…Therefore, it appears to this Court that the proposed accused Jaswinder Kaur has committed the offence, but not arrayed as accused by the CBI…”, read the order of CBI Court.
The case pertains to October 2017, when Prem Bisht had alleged that SI Mohan Singh who was the investigating officer in an attempt to murder case was demanding Rs 9 lakh to drop the names of three of his employees from the FIR.
Bisht had alleged that Inspector Jaswinder Kaur had directed him to fulfill the demand of SI Mohan Singh otherwise, the complainant and his employees will be harassed and his employees will be chargesheeted in the case. Bisht made a complaint to CBI and then the CBI held Mohan Singh while accepting bribe of Rs 2 lakh from Prem Singh Bisht, from the market of Sector 31.
However, later in the chargesheet filed in August 2018, the CBI did not make Kaur an accused in the case, but referred for initiating RDA (Regular Departmental Action) for major penalty against Kaur.
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