No stay,return original records to trial courts: HC

A division bench comprising Chief Justice Mukul Mudgal and Justice Jasbir Singh disposed of an application filed by the Punjab government seeking lifting of the ‘stay’ on the four cases.

The court has made it clear to the trial courts that the “high court had not granted any stay” and that the “trial courts are not restrained from proceeding further notwithstanding the pendency” of a public interest litigation (PIL).

On November 30,2009,a division bench headed by Justice Mehtab Singh Gill (the then acting chief justice) had summoned the entire trial court record pertaining to four FIRs registered by the vigilance on charges of corruption against former Punjab chief minister Captain Amarinder Singh,former director general of police S S Virk and those involved in the multi-crore Ludhiana City Center scam.

Summoning of the record resulted in a virtual stay over the proceedings pending against all accused in the trial courts.

Aggrieved,the Punjab government had moved the high court against the orders passed by the bench.

On December 18,2009,a division bench headed by Chief Justice Mudgal stayed the operation of orders passed by Justice Mehtab Singh’s division bench.

Holding that the original record is not required and that the record can be perused with their copies,the high court has directed the Punjab government to “prepare copies of the records of the cases which are the subject matter in the present petition and file their copies certified as true and correct copies along with an affidavit”.

The bench ruled: “In so far as the interim orders are concerned,we are satisfied that stay of proceedings could not have been granted on any ground contrary to the law laid down by the Supreme Court.”

Finding merit in the submission of Punjab Advocate General H S Mattewal,the high court said: “There is substance in the plea that summoning of record in fact tantamount to stay of proceedings.”

“The issue involved in the petition can,however,be adequately considered by us by the examination of the certified copies of the record of the proceedings,if necessary,” the court added.

A division bench headed by Chief Justice Mudgal has emphasised that “the order of stay in Prevention of Corruption Act cases is clearly forbidden by the Supreme Court”.

The directions were passed in the wake of a PIL filed by Sukhdev Singh Dhillon,former member of Law Commission,and two advocates.

Mattewal had termed the PIL as “proxy litigation” and that one of the petitioners,Parampreet Singh Brar,is the son-in-law of S S Virk,one of the accused in the cases.

The high court will decide the main PIL later.

The main case will come up for resumed hearing on April 20.

Time line
November 30,2009:A division bench headed by the then acting chief justice Mehtab Singh Gill summons the entire record pertaining to four FIRs
December 15:Punjab moves an application demanding vacation of ‘stay’
December 18:Bench headed by Chief Justice Mukul Mudgal lifts the ‘stay’,terming the PIL ‘strange’
February 5,2010:Bench allows Punjab government’s application,orders returning of record