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The Central Bureau of Investigation (CBI) Wednesday told a Special Court in Mohali that the Punjab government has no legal right to withdraw consent given to the agency to probe the Bargari sacrilege cases. It also said that it will challenge a ten-month-old Punjab and Haryana High Court order that upheld the state government’s decision to form an SIT to re-investigate the Bargari sacrilege cases after revoking consent given to the CBI.
Special Judge G S Sekhon on Wednesday resumed hearing the CBI’s plea to keep in abeyance a closure report filed by the agency earlier in the three Bargari sacrilege cases. During the hearing, the agency moved an application to keep pleas by the Punjab government and other parties in abeyance as it was planning to challenge the HC verdict.
It opposed Punjab government’s application demanding files of three sacrilege cases (FIR-63, FIR-117 and FIR-128) registered in 2015 at Bajakhana police station in Faridkot district, arguing that the state has no locus standi in these matters, so its plea is not maintainable.
The court has now posted the matter for next hearing on January 8.
During the day’s hearing, the CBI told the court that once Department of Personnel and Training (DoPT) transfers the investigation of a case to the agency by issuing notification under Section 5 of Delhi Special Police Establishment Act (DSPE) in pursuance of notification issued by state government under Section 6 of the DSPE Act, the state government cannot withdraw the consent.
About the High Court’s January 25 order, it said: “It is observed that the same suffers from legal infirmities as it is contrary to the ratio of law propounded by the Supreme Court.”
The agency also stated that it conducts investigations thoroughly and in a professional manner without leaving any stone unturned.
The court, meanwhile, dismissed a plea filed by former MLA Harbans Jalal asking to be made a party to the case. Also on Wednesday, complainants in the sacrilege cases, Gora Singh and Ranjit Singh, filed their protest petitions against CBI’s closure report.
The court made clear that on the next date of hearing the remaining complainants must file protest petitions under all circumstances, failing which the court will assume that they are not interested in doing the same.