Suppression Of Material Facts Regarding Criminal Antecedents Disentitles Accused To Discretionary Relief Of Bail: Orissa High Court Section 311 CrPC | Delay Or Absence Of Examination-In-Chief No Bar To Summon Material Witnesses: Allahabad High Court Revenue Authorities Lack Jurisdiction To Declare Genuineness Of Wills Or Validity Of Settlement Deeds; Parties Must Approach Civil Court: Andhra Pradesh High Court Demand Of Bribe Is Sine Qua Non For Conviction Under PC Act, Mere Recovery Of Tainted Money Not Enough: Bombay High Court 'Promotion Effected Long Ago Not To Be Disturbed': Supreme Court Sets Aside HC Order Quashing 13-Year-Old Promotion; Holds 'Laying Rules' Directory Not Mandatory "Mere Oral Assertion Or 'Data Loss' Letter Not Enough To Prove Driving Licence Validity; Owner Has Strict Duty To Ensure Renewal": Supreme Court Reinstates Insurer's Non-Liability, Applies 'Pay & Recover' Principle "Zero Tolerance To Corruption": Supreme Court Reinstates FIRs Against Karnataka Cops, Slams High Court For 'Mini-Trial' & Exceeding S.482 CrPC Powers ‘Ancillary Services Don't Override Carriage’: Supreme Court Upholds 7.5% Presumptive Income For Cruise Operators Under Section 44B IT Act, Rejects Revenue's Higher Tax Claim Division Bench Refuses To Quash FIR, Holds It Cannot Nullify Single Judge's Final Order Directing Registration Of Case: Allahabad High Court High Court Leave Under Clause XII Doesn't Protect Transferred Suits; Section 16 CPC Strictly Applies To City Civil Court In 'Suits For Land': Bombay High Court Joint Account Holder Who Didn't Sign The Dishonoured Cheque Cannot Be Prosecuted Under Section 138 NI Act: Punjab & Haryana High Court Suits Cannot Be Consolidated If Parties, Properties, And Causes Of Action Are Different: Telangana High Court P&H High Court Halts All Construction In Mohali's Shivalik Foothills Over Failure To Demarcate 'Forest Land', Bars Land Sale No Embargo On Issuing Single Statutory Notice Under Section 138 NI Act For Multiple Dishonoured Cheques: Orissa High Court District Collector Has No Jurisdiction Under CrPC To Order Reopening Of Investigation Or Recall Of Closure Report: Madhya Pradesh High Court No Exclusive Monopoly Over Geographical Term 'Malabar' In Isolation; Protection Limited To Registered Composite Marks: Kerala High Court Person In 'De Facto' Control Is A Promoter Under Companies Act Even If Designated As Professional Director: Karnataka High Court Supreme Court Urges Mandatory Animal Tagging, Strict Enforcement of Gaushala Laws To Tackle Stray Cattle Crisis; Holds Owners Accountable "Don't Render Victims Remediless": Supreme Court Slams High Court For Dismissing Plea Over Stray Bull Death, Awards ₹15 Lakh Compensation Supreme Court Red-Flags 'Unregulated Shadow Work' of Private Investigators, Calls For Legislative Overhaul on Digital Evidence & Privacy Rights 125 CrPC | Wife 'Not Entitled To Interim Maintenance If Adultery Established Ex Facie': Supreme Court Evidence Against Absconder Invalid Without Prior S.299 CrPC Order: SC Acquits Murder Accused Ad Valorem Court Fee Mandatory For Section 54 Appeals Challenging Land Acquisition Awards: Supreme Court

CBI Probe against Judicial Officer and Advocate Bathinda: Legal System Can't Afford Self-Inflicted Scars: P&H HC

07 May 2024 8:19 AM

By: Admin


In a significant Order , Punjab and Haryana High Court has ordered the Central Bureau of Investigation (CBI) to take over the investigation in a high-stakes case involving land mafia and abuse of legal process involving Judicial Officer and Advocate. The case originally stemmed from a land dispute but took an "alarming turn" as the legal process was exploited.

The case initially seemed to be one of a "common species" involving a land dispute but soon took an "alarming turn." Accusations were raised that the process of law was being abused to favor illegal designs. The inconsistency in the stance of the original investigating agency added further complexity, calling the credibility of the system into question.

The matter involves a judicial officer who, despite his obligation to remain impartial, allegedly favored the prosecution. Further, an advocate is accused of submitting forged evidence, thereby abusing the legal process. The case initially started as a dispute over a property but later revealed serious procedural irregularities.

The Court had strong words about the role played by the judicial officer and the advocate in abusing the legal process. "Misconduct of such caliber undermines the very edifice upon which the judicial system stands," noted the judgment.

High Court emphasized the need for an "unimpaired and unobstructed investigation," stating, "The trust of the litigants in the system doesn't get eroded."

Relying on earlier verdicts, the High Court highlighted its obligation to protect the fundamental rights of citizens. "This extraordinary power must be exercised sparingly, cautiously and in exceptional situations," it cited from its judgment.

The CBI has been directed to "conclude the investigation expeditiously, preferably within six months," and the Trial Court has been instructed not to proceed further with the case until the investigation is complete.

The Court also dismissed applications for impleadment and transfer of investigation filed by the accused, reiterating that the accused have "no locus" in the transfer of investigation.

The judgment has set a strong precedent by emphasizing the significance of an unbiased investigation to uphold the integrity of the judicial system. The order is reportable and reasoned, likely to impact future cases involving abuse of legal procedures.

 Date of Decision: 18 October  2023

Guru Nanak Vidya Bhandar Trust VS State of Punjab and others

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