Chandigarh police destroyed phones despite SC order to preserve evidence, says CBI

The agency has concluded that the available evidence, including CDR analysis, tower location data, daily diary (DD) entries and witness statements, prima facie establishes a pre-planned criminal conspiracy involving multiple police officials. The conspiracy, according to the chargesheet, culminated in abduction, wrongful confinement, falsification of official records and misuse of authority.

The CBI has named nine UT policemen as accused — Inspector Harinder Singh Sekhon, Sub-Inspector Suresh Kumar, ASI Ajmer Singh, alias Amitoz Singh, Head Constable Anil Kumar, Constable Vikas Hooda, Constable Subhash, ASI Balwant, Head Constable Rinku Ram and Constable Pardeep. The agency has sought that all accused be summoned and tried as per law.

Detailing the sequence of events, the CBI has stated that on January 7, 2022, Dr Dhawan was picked up from outside the District Courts complex in Sector 43, Chandigarh, allegedly to prevent him from appearing before the Illaqa Magistrate in a case where he had sought anticipatory bail from the Punjab and Haryana High Court.

The chargesheet alleges that the accused officials fabricated records to give the illegal act a semblance of legality. The chargesheet specifically refers to “DD entry No. 25” at Crime Branch, Sector 11, and “DD entry No. 28” at ISBT police post, Sector 43, recorded on January 7, 2022, to project the abduction as a lawful police action.

Dr Dhawan was later shown as arrested around 8 pm in FIR No. 56/2021 and produced before a court, leading to his remand.
The agency has invoked offences under Section 120-B (criminal conspiracy) read with 365 (kidnapping), 167 (framing incorrect record), 109 (abetment) and 34 of the IPC, along with other substantive offences, stating that the evidence is sufficient to establish the role of the accused.

The chargesheet also states that a report from the Central Forensic Science Laboratory (CFSL), Chandigarh, has been sought and will be placed before the court upon receipt.

The chargesheet mentions that investigation conducted has established that there are sufficient/cogent evidence in the nature of oral, documentary, electronic and circumstantial evidence to conclusively constitute the commission of offences against the accused.

The agency has stated in chargesheet that the abduction “was not incidental but deliberate, pre-planned and intended to frustrate judicial proceedings”.

The case dates back to January 7, 2022, when Dr Dhawan, a Sector 21 resident, alleged he was picked up by a Crime Branch team from outside the district courts complex to prevent him from appearing before a judge.

As per his complaint, he had approached the Punjab and Haryana High Court seeking anticipatory bail in a criminal matter and had been directed to appear before the district court. He alleged that instead of allowing him to do so, policemen detained him and produced him in court the next day, obtaining seven days’ remand. He remained in jail for nearly two months before securing bail.
Following his release, Dhawan challenged the police action in court. The High Court ordered a Special Investigation Team probe by the Punjab Police, but the Chandigarh Administration contested the HC orders before the Supreme Court.

In August 2024, the Supreme Court modified the order and handed the investigation to the CBI, which later registered an FIR under IPC sections 365 and 34 for alleged kidnapping with common intent.