SS Saini went to Supreme Court after the Punjab and Haryana High Court rejected his plea.
Former Punjab police chief SS Saini cannot be arrested for now in a nearly 30-year-old case, the Supreme Court said today, asking the state to respond to his contention that the action against him is related to an old chargesheet against Chief Minister Amarinder Singh. SS Saini is wanted in a case of disappearance of Balwant Singh Multani, the son of a bureaucrat, in 1991. Accused of murder, he has sought relief from possible arrest. His current whereabouts are not known. The court said he cannot be arrested till further orders and asked him to cooperate with the investigation.
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"What's the hurry to arrest that man after 30 years? The case is of 1991," said the three-judge bench of Justices Ashok Bhushan, R Subhash Reddy and MR Shah, which was hearing former Punjab DGP Sumedh Singh Saini's petition. The bench has given the Punjab government three weeks to respond.
The case against SS Saini for the alleged kidnapping was filed in May. Initially, he was accused of causing disappearance and abduction. The murder charge was added in August after two accused policemen turned approver.
SS Saini moved the Supreme Court after the Punjab and Haryana High Court rejected his plea for pre-arrest bail last week.
Opposing his plea for relief, the state, represented by Senior Advocate Sidharth Luthra, argued that the High Court, in its order, said SS Saini used to treat people inhumanly and a case was filed on the basis of eyewitness statements.
The Punjab government also said SS Saini still holds some files and is a powerful man.
The brother of Balwant Singh Multani also opposed relief, saying Multani was killed at the hands of Saini, "a notorious officer".
SS Saini, who was represented by former Attorney General Mukul Rohatgi, told the court that the state government was targeting him as he filed two charge sheets against Amarinder Singh, who is now the Chief Minister, in the in the Ludhiana City Centre Scam and the Amritsar Improvement Trust Scam.
Mr Rohatgi said SS Saini is a decorated officer who dealt with terrorism and suffered bullet injuries. "After 10 years of disposal of the case, how can it be entertained now? Multani escaped 29 years ago and FIR is filed now," he added.
Mr Rohatgi also reminded the judges that when Balwant Singh Multani's father had called for a CBI investigation, the top court said there was not enough ground to do so and that he can file a complaint with the appropriate authorities.
Balwant Singh Multani, the son of a bureaucrat, was a junior engineer with the Chandigarh Industrial and Tourism Corporation. He was picked up by the police in 1991 after a terrorist attack on SS Saini, who was the Senior Superintendent of Police in Chandigarh at the time.
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