The Central Bureau of Investigation (CBI) has expressed its unwillingness to carry out the overall investigation of the Jat reservation row. The Bureau has stated that it needs to know the nature of the offence and the number of FIRs before making a formal reply to the court on taking up the probe.
Appearing for CBI, advocate Sumeet Goel told the Punjab and Haryana High Court that investigation agency might face infrastructural issues for taking up the probe of a matter, in which FIRs on such a large scale were registered. He also asserted that Bureau will not be able to undertake investigation of more than 2000 FIRs.
As the case came up for resumed hearing on Saturday in the Division Bench of Justice S S Saron and Justice lisa Gill, Haryana Government’s attempt to take out the investigation of the matter from the jurisdiction of Punjab and Haryana High Court, was not taken lightly. The court made it clear that it will not part away with the investigation.
In its affidavit through the Secretary, Home, Nitin Kumar Yadav, the government said “When the jurisdictional magistrates are seized of the matter and the investigation is going on, discussions, deliberations and/or criticism of the investigation seriously hampers the course of law under the CrPC and may not be in the interest of justice.”
The affidavit further read “It is respectfully prayed that in view of the same, further supervising such investigation by this High Court under Article 226 of the Constitution of India may not be in the interest of justice”.
Taking strong exception to the affidavit, the Court asserted that the averments made in the affidavit suggest that the court should refrain from the perusal of the matter, but it will not.
Reprimanding the government for its approach on the matter, the court said that first the government was not taking action on Parkash Singh panel report and now it wanted the court to be away from the matter.
Appearing for the State Additional Solicitor-General of India, Tushar Mehta submitted that the government could constitute a committee under the chairmanship of the Chief Secretary to monitor the probe on regular intervals. He suggested Additional Chief Secretary (Home), Director-General of Police and the Advocate-General or his representative, as members of the committee to periodically monitor and supervise the investigations in all the FIRs. Mehta also said that the proposed committee, if felt, would recommend CBI probe.
During the course of hearing, Counsel for Haryana Finance Minsiter’s brother, R S Rai put the statements made by state counsel under question mark, when he said that the statement regarding arrest of three people were factually incorrect. He contended that in the concerned FIR, no arrest was made.
He also contended that the Forensic Science laboratory, Director had opined that the there was huge arson and vandalism. But the report differed as the material for testing was sent to the FSl after a delay of one month.
The state has to face further embarrassment, when the court was told that SIT had been constituted in this case as well. Terming the disclosure to be disheartening, the Court asserted that it was pathetic that the Court was being apprised of the second SIT now.
Directing the state to conduct a genuine and effective investigation in the matter, High Court has adjourned the matter for October 22.