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Consent withdrawn, CBI can’t investigate further: State to court

COURTESY HT SEPT 5

Consent withdrawn, CBI can’t investigate further: State to court
FILES PROTEST PETITION Govt says agency has not challenged high court order upholding withdrawal of consent
Shailee Dogra

shailee.dogra@hindustantimes.com

MOHALI : The Punjab government on Wednesday filed a protest petition in a special Mohali court against the CBI’s insistence to continue investigating the three Bargari sacrilege incidents, saying the agency has no jurisdiction to deal with the cases once the state withdrew the consent to hand over the probe.


The move came in response to the CBI’s plea to keep its closure report on the cases in abeyance as it wanted to “carry on with the probe” in the wake of a letter written to it by Punjab special DGP-cum-bureau of investigation director Prabodh Kumar who cited some “unanswered angles”.

“Despite losing its powers due to withdrawal of consent and despite the department of personnel and training ostensibly coordinating with the state government for return of files, the CBI went ahead and hastily filed the closure without identifying the culprits in a highly unprofessional manner,” read the petition district attorney Sanjiv Batra filed before special CBI judicial magistrate GS Sekhon on behalf of the Punjab government.

“As the state had withdrawn its consent given under Section 6 of the Delhi Special Police Establishment Act to probe the cases, it is incumbent upon the Union government /CBI to hand over all case papers and material back to Punjab,” read the petition seeking dismissal of the CBI’s prayer to further investigate the cases.


The government said that CBI has not challenged the high court order upholding the withdrawal of consent.

“The CBI not returning the cases to the Punjab Police is contrary to the high court judgment,” the petition read.

On July 4, the CBI filed a closure report in three sacrilege cases. In the report, the agency gave a clean chit to three Dera Sacha Sauda followers — Mohinder Pal Bittu (murdered in the Nabha jail ), Sukhjinder Singh alias Sunny and Shakti Singh — named as the main conspirators of sacrilege by DIG RS Khatra-led special investigation team (SIT)

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