HC seeks Punjab DGP view on delinking Dheer case from rape probe

A division bench of Punjab and Haryana High Court, comprising Justice Amar Dutt and Justice Kiran Anand Lall, today asked Punjab DGP S S Vir...

A division bench of Punjab and Haryana High Court, comprising Justice Amar Dutt and Justice Kiran Anand Lall, today asked Punjab DGP S S Virk to give his views on whether The Indian Express principal correspondent Gautam Dheer’s case could be delinked from the main Nayagaon rape case or not. The case will now be heard on Thursday.

Earlier, asking the court to delink the case, Advocate General R S Cheema said: ‘‘We have maintained from day one that we do not want to disturb the main case at all, but since we had received accusations of serious nature (against the SIT) in Dheer’s case,

we felt this episode should be delinked so that the main case can proceed unhindered.’’

He said that the state had approached the court as a matter of propriety since the court is monitoring the case.

Story continues below this ad

Heated exchanges marked the courtroom proceedings today. Anupam Gupta, counsel for the SIT chief, alleged that by raising accusations against the SIT, the AG was airing his own grievances because he was not given details of the SIT’s investigations.

‘‘These are not the grievances of the DGP, the Home Secretary or anyone in the government… everything was in the knowledge of the DGP and the CM,’’ he said. Gupta claimed on SIT’s behalf that Dheer’s arrest was made after informing the DG and others concerned. ‘‘It seems the AG wants to settle some personal scores.’’

This led to strong objections by the bench and other lawyers who said Gupta’s comments were tantamount to demeaning the office of the AG. Counsel for Dheer, Manmohan Lal Sarin, intervened to say that such comments about the AG were uncalled for. ‘‘Mr Gupta, the honourable AG represents the state,’’ said Justice Anand.

Later, the bench also pointed out to Gupta that he could not represent the SIT since the state was representing it. ‘‘Let it be clear that you represent the SIT head and not the SIT,’’ they said.

Story continues below this ad

Gupta, who had to apologise to the court for using intemperate language a number of times, took the plea that ‘‘emotions got the better of me.’’ He urged the court to relieve the SIT chief of his charge on the plea that ‘‘his frail shoulders could not bear this burden.’’

At this, the AG said the state did not believe in making any officer indispensable. ‘‘If the SIT chief wants to be out of this case, then he be allowed to leave,’’ he said, adding that the investigations may be given to any other agency, including the CBI. Dheer’s lawyers, M L Sarin and N B Joshi seconded it.