High Court: Give seven-day notice to petitioners fearing vendetta

Tribune News Service

Saurabh Malik

Chandigarh, January 13

Just over a month before the Assembly elections, the Punjab and Haryana High Court has ordered the issuance of seven-day advance notice to petitioners apprehending false implication in criminal cases due to political vendetta. The order would remain in operation till after the conclusion of elections.

Justice Anoop Chitkara made it clear that the Code of Criminal Procedure did not provide for blanket bail, but the advance notice order was being passed in the interest of justice in view of the impending elections after taking into consideration the apprehensions of political vendetta.

The matter was brought to Justice Chitkara’s notice after Lavpreet Singh and other petitioners filed a petition against the State of Punjab and other respondents. They were seeking directions for grant of blanket bail on the apprehension of registration of an FIR for non-bailable offences due to political reasons.

Taking up the matter, Justice Chitkara asserted there was no provision for ordering blanket bail in the CrPC. “However, since the apprehension is due to political vendetta and the elections in the State of Punjab are around the corner, as such, in the interest of justice, this court disposes of the present petition…”

Elaborating, Justice Chitkara asserted the investigator would afford an opportunity to the petitioner by sending a seven-day advance notice in case of registration of any FIR, where the maximum sentence was up to 10 years, and the investigator wanted to arrest him.

Before parting with the matter, Justice Chitkara made it clear that the order would enable the petitioner to avail legal remedies. “It is also clarified that order shall remain in force for a period of 15 days after the elections are over,” Justice Chitkara added.

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