The case of murder of the Gurigram school | Punjab and Haryana HC leave aside the ordinance to decrease the sanction for the criminal prosecution of the site, accused of classifying the bus conductor

The High Court Punjab & Honyana has canceled an order that refused to grant sanction to follow the four members of the special investigation team (site) constituted by the police commissioner, accused of classifying a school bus conductor in case of murder of Gurugram students.

In 2017, a 7-year-old boy was found dead in a gurugram school. Initially, Honyana police have investigated the case, and a bus driver Ashok Kumar was arrested as a first accused. However, the widespread public outrage and the media control caused the Haryana Government to transfer the probe to the Central Investigation Bureau (CBI).

The CBI claimed that the crime was committed by a minor student of the same school, and Kumar was falsely involved by the site through manufactured tests and statements of constrained witnesses.

Subsequently, the CBI requested sanctions under section 197 of the Criminal Procedure Code (CRPC) to follow four members of the site, but the same was rejected.

Justice Kuldeep Tiwari said, “In the absence of any reasons to become attributed, an administrative order can be called a non -vorbing order. Therefore, this Court has no hesitation to conclude that, in the absence of a reference that was made by the sanctioning authority to the incriminating evidence produced by the CBI, the imputed orders cannot be durable in the eyes of the law because they do not speak. “

The lawyer who appeared for the CBI claimed that the account of eyewitnesses, as well as the scientific evidence, which lives alive the case of the State Investigation Agency against Ashok Kumar, was not granted by the weight due by the sanctioning authority.

In order to falsely involve an innocent person, the mentioned respondents carried out a totally malicious investigation, and the provisions of the POCSO law were added by the investigative agency, while the post-mortem report is clear that no sexual assignment has occurred. , he added.

After examining the statements and peruding the statements of the witnesses they were based on, the court found that the defendant evidence against Ashok Kumar were extracted and created by the site members, threatening to dep be against him.

The court observed that the sanction authority does not find any discussion about the incriminating evidence introduced by Reliance CBI was placed at the Special Police Unit MP VS. The parliamentary state and others ((2004) 8 of the Supreme Court 788) to emphasize that the non-consisting of the relevant materials placed in highlight by the sanctioning authority requires judicial control.

Tiwari justice said that imputed orders are not only that they do not speak, but do not pass the test of legality, thus requiring interference.

Moreover, the court said that it has no hesitation to conclude that the act of the sanctioning authority is clearly arbitrary.

While allowing the CBI petitions, the TiWari justice withdrew the problem of the sanction authority for a new examination and guided him to evaluate all the evidence produced by the CBI and to decide on the request for criminal prosecution in a month.

Mr. Prateek Gupta, a petitioner lawyer (in CRM-M-5650-2022) and for the respondent no. 2 (in CRM-M-10268-2021).

Mr. Rajesh hole, addl. Ag, Honyana.

Mr. SS Narula, lawyer for respondents no. 5 to 8 (in CRM-M-5650-2022) and for the respondents no. 3 to 6 (in CRM-M-10268-2021).

Title: CBI v. State of Haryana together with connected matter.

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