Jarnail Singh and others v. State of Punjab

.S. Randhawa, Advocate, for Mr. H.S. Randhawa, Advocate, for Mr. R.P.S. Bara, Advocate, for respondent No.6. Mr. Jaiveer Singh, Advocate, for respondents No.7 and 8. Mr. K.S. Nalwa, Senior Advocate (arguing counsel), with Mr. K.S. Nalwa, Senior Advocate (arguing counsel), Ms. Ashima Attri, Advocate, and Ms. Ashima Attri, Advocate, and Ms. Sanya Gupta, Advocate, for respondent No.9. (through video conferencing) Mr. Akshay Bhan, Senior Advocate (through video conferencing) Mr. Akshay Bhan, Senior Advocate (arguing counsel), with Mr. Amandeep Singh Talwar, Advocate, and Mr. Amandeep Singh Talwar, Advocate, and Mr. Rahu Dhanda, Advocate, for respondent No.10. Mr. A.P.S. Deol, Senior Advocate (arguing counsel), with Mr. A.P.S. Deol, Senior Advocate (arguing counsel), with Mr. Daldeep Singh, Advocate, Mr. Daldeep Singh, Advocate, Mr. Vishal R. Lamba, Advocate, and Mr. Vishal R. Lamba, Advocate, and Mr. Himmat Singh Deol, Advocate, Mr. Himmat Singh Deol, Advocate, for respondent No.11. Mr. Ravi Kamal Gupta, Advocate, for CBI. Mr. Ravi Kamal Gupta, Advocate, for CBI. **** CWP-21960-2011 ( O&M ) 2011 ( O&M ) -2- SHEEL NAGU, CHIEF JUSTICE ( Oral ) SHEEL NAGU, CHIEF JUSTICE ( Oral )

1. This petition has been filed praying for the following filed as PIL praying for the following reliefs : Issue a writ in the nature of mandamus for handing “i) Issue a writ in the nature of mandamus for handing “i investigation of investigation of the present matter of the present matter of acquisition of land at village Mandi Khurd, in which acquisition of land at village Ma undue benefit of around Rs. 5,62,80,490/- has been undue benefit of around Rs. 5,62,80,490/ given to four politically influential families at the cost given to four politically influential families at the cost of Government Exchequer, of Government Exchequer, to an to an independent independent investigating agency preferably C.B.I.; investigating agency preferably C.B.I. ii) and issue a writ or direction to the re and issue a writ or direction to the respondents to not to install or shift to some alternate place, the to install or shift to some alternate place, the Municipal Waste land Fill Facility, proposed at village Municipal Waste land Fill Facility, proposed at village Mandi Khurd in view of the facts and circumstances Mandi Khurd in view of the facts and circumstances mentioned in the Writ Petition; mentioned in the Writ Petition; iii) issue any other writ, order or direction as this Hon’ble issue any other writ, order or direction as th Court may deem appropriate in view of the peculiar Court may deem appropriate in view of the peculiar facts and circumstances of the present writ petition; facts and circumstances of the present writ petition iv) xxx v) v) vi) xxx ” xxx”

2. After this Court had taken cognizance of the matter, certain After this Court had taken cognizance of the matter, certain After this Court had taken cognizance of the matter, certain were passed, asking for responses of the respondents, interlocutory orders were passed, asking for responses of the respondents, were passed, asking for responses of the respondents, interlocutory orders including that of Central Bureau of Investigation (CBI). including that of Central Bureau of Investigation (CBI). including that of Central Bureau of Investigation (CBI).

3. The CBI filed abbreviated status report dated 06.01.2014. The The CBI filed abbreviated status report dated 06.01.2014. The The CBI filed abbreviated status report dated 06.01.2014. The other respondents, including the State of Punjab, have also filed their separate other respondents, including the State of Punjab, have also filed their separa other respondents, including the State of Punjab, have also filed their separa other respondents, including the State of Punjab, have also filed their separa replies.

4. The allegations in this PIL are in respect of acquisition of certain The allegations in this PIL are in respect of acquisition of certain The allegations in this PIL are in respect of acquisition of certain land in village Mandi Khurd, Tehsil Rampura Phul, District Bathinda, on land in village Mandi Khurd, Tehsil Rampura Phul, District Bathinda, on land in village Mandi Khurd, Tehsil Rampura Phul, District Bathinda, on land in village Mandi Khurd, Tehsil Rampura Phul, District Bathinda, on CWP-21960-2011 ( O&M ) 2011 ( O&M ) -3- was allegedly account of which undue benefit of around Rs. 5,62,80,490/- was allegedly account of which undue benefit of around Rs. 5,62,80,490/ account of which undue benefit of around Rs. 5,62,80,490/ ly influential families at the cost of the Government afforded to four politically influential families at the cost of the Government ly influential families at the cost of the Government afforded to four political exchequer. Respondents No.6 to 10 were the persons, against whom exchequer. Respondents No.6 to 10 were the persons, against exchequer. Respondents No.6 to 10 were the persons, against whom said allegations were made. allegations were made.

5. In the backdrop of the aforesaid allegations, this petition was In the backdrop of the aforesaid allegations, this petition was In the backdrop of the aforesaid allegations, this petition was filed.

6. The first prayer, as re-produc ed above, gives an impression that produced above, gives an impression that an FIR has been lodged and the petitioners are asking for handing over an FIR has been lodged and the petitioners are asking for handing over an FIR has been lodged and the petitioners are asking for handing over an FIR has been lodged and the petitioners are asking for handing over hereas the investigation, being conducted by the local police, to the CBI. Whereas the investigation, being conducted by the local police, to the CBI investigation, being conducted by the local police, to the CBI reality being being that there has been no registration of any FIR till date. Si nce the that there has been no registration of any FIR till date. Since the petitioners have not filed any complaint (first petitioners have not filed any complaint petitioners have not filed any complaint information) authority, therefore, the question of registration police/competent investigative authority, therefore, the question of registration authority, therefore, the question of registration police/competent of FIR does not arise. of FIR does not arise.

7. persons, but The CBI’s abbreviated status report indicts certain persons, but The CBI’s abbreviated status report indicts certain on of this Court and not for me has been filed only for consideration of this Court and not for me has been filed only for considerati the same has been filed only for considerati consideration of the police/competent investigative authority. consideration of the police/competent investigative authority. consideration of the police/competent investigative authority.

8. In matters of this nature, where a person alleges offence where a person alleges offence(s) which is/are cognizable, th are cognizable, the first step to be taken u/s 173 f BNSS, 2023 (equivalent e first step to be taken u/s 173 of BNSS, 2023 (equivalent to Section 154 Cr.P.C.) or any other equivalent provision in the penal to Section 154 Cr.P.C.) or any other equivalent provision in the penal to Section 154 Cr.P.C.) or any other equivalent provision in the penal to Section 154 Cr.P.C.) or any other equivalent provision in the penal authority about enactment, is to inform the police/competent investigative authority about enactment, is to inform the police/competent enactment, is to inform the police/competent ission of cognizable offence(s), orally or in writing. commission of cognizable offence(s), orally or in writing. ission of cognizable offence(s), orally or in writing.

9. e present case is that the petitioners had not The glaring fact in the present case is that the petitioners had not e present case is that the petitioners had not approached the police/competent investigative approached the police/competent authority and this matter is investigative authority and this matter is This Court, on the last occasion, hanging fire for the last more than 14 years. This Court, on the last occasion, hanging fire for the last more than 14 years. hanging fire for the last more than 14 years. CWP-21960-2011 ( O&M ) 2011 ( O&M ) -4- ard and listed the matter i.e. 27.03.2026, had expressed its concern in this regard and listed the matter i.e. 27.03.2026, had expressed its concern in this reg i.e. 27.03.2026, had expressed its concern in this reg for today.

10. Today, learned counsel for the petitioners yet again seeks time to Today, learned counsel for the petitioners yet again seeks time to Today, learned counsel for the petitioners yet again seeks time to argue the matter, which is, to say the least, argue the matter, which i s, to say the least, unfortunate.

11. If the petitioners were aggrieved, they should aggrieved, they should have approach approached police/competent police/competent investigative authority submitting instead information/complaint as regards commission of cognizable offence(s), instead information/complaint as regards commission of cognizable offence(s) information/complaint as regards commission of cognizable offence(s) of approach approaching this Court and keeping this is matter pending for more than more than 14 years and wasting the valuable time o f this Court, which could have been and wasting the valuable time of this Court, which could have been f this Court, which could have been utilized in deciding more pressing matters. utilized in deciding more pressing matters.

12. We are, thus, of the considered view that the petitioners ought to We are, thus, of the considered view that the petitioners ought to We are, thus, of the considered view that the petitioners ought to be relegated to avail the remedy of giving first information/complaint of be relegated to avail the remedy of giving first information/complaint of be relegated to avail the remedy of giving first information/complaint of be relegated to avail the remedy of giving first information/complaint of ce(s) commission of cognizable offence(s) commission of cognizable offen the competent the compet jurisdictional jurisdictional investigative agency. investigative

13. Accordingly, the petitioners are granted liberty to approach the Accordingly, the petitioners are granted liberty to approach the Accordingly, the petitioners are granted liberty to approach the competent jurisdictional investigating agency by giving first information/ competent jurisdictional investigating agency by giving first information/ competent jurisdictional investigating agency by giving first information/ competent jurisdictional investigating agency by giving first information/ ed investigating agency in complaint, which shall be dealt with by the concerned investigating agency in complaint, which shall be dealt with by the concern complaint, which shall be dealt with by the concern accordance with law and after following the principles of law laid down by the accordance with law and after following the principles of law laid down by the accordance with law and after following the principles of law laid down by the accordance with law and after following the principles of law laid down by the