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Supreme Court Declines to Interfere in FIR Against Sumedh Saini in Balwant Singh Multani Murder Case

September 11, 2024 | By Sikh Siyasat Bureau

New Delhi/Chandigarh: On September 10, 2024, the Supreme Court of India refused to interfere with a fresh First Information Report (FIR) against former Punjab Director General of Police (DGP) Sumedh Saini in connection with the 1991 enforced disappearance and murder of Sikh youth and junior engineer Balwant Singh Multani. This decision marks a significant development in a case that has been mired in legal complexities and delays over the past three decades.

The verdict comes four years after the Supreme Court had previously stayed Saini’s arrest in this case on September 15, 2020. The case against Saini was initially registered only in 2020, nearly 29 years after the alleged incident. Saini, who held the rank of Senior Superintendent of Police (SSP) in 1991, was accused of orchestrating the murder of Multani, who was reportedly killed in police custody. Saini, who was later promoted to DGP before his retirement, has consistently maintained his innocence, arguing that the charges against him are politically motivated.

A bench of Justices MM Sundresh and Pankaj Mithal, in their latest ruling, chose not to interfere with the High Court’s decision regarding the case. The bench noted that a charge sheet had already been filed in the matter, which complicated the decision-making process. The court stated that Saini had the option to challenge the trial court proceedings through appropriate legal channels. The Supreme Court also clarified that the observations and findings of the High Court’s verdict dated September 8, 2020, would not obstruct the trial court’s proceedings.

Senior Advocate Mukul Rohatgi, representing the retired officer, argued that the case was driven by political motivations and criticized the timing of the FIR, lodged nearly three decades after the alleged incident. Rohatgi highlighted that the Supreme Court had previously granted relief to Saini, including protection from coercive actions. However, the bench indicated that it could not address the issue of quashing the FIR at this stage due to the ongoing charge sheet.

The Supreme Court had earlier, on January 5, 2021, instructed the Punjab government to file the charge sheet in the FIR related to Multani’s disappearance and murder. The court had granted anticipatory bail to Saini, protecting him from immediate arrest. Despite this, the legal proceedings continued, reflecting the protracted nature of the case.

Additional Cases Against Sumedh Saini

Several other cases against Sumedh Saini have surfaced over the years, shedding light on alleged human rights abuses during his tenure. Two prominent cases are as follows:

Jatana Family Elimination:

Human Rights Watch (formerly Asia Watch) documents in their report “Dead Silence: Legacy of Human Rights Abuses in Punjab” (pages 17-18) a troubling incident involving Saini. On August 29, 1991, following an attempted assassination of SSP Sumedh Saini, police from his station visited the home village of a Babbar Khalsa militant leader. They recorded the names of five of his relatives living together. That night, gunmen surrounded the house, opening fire and killing three women and a five-year-old child before setting the house ablaze. The following morning, a plainclothes policeman instructed the relatives to search for five bodies. The cremation was carried out under police supervision. Though officials attributed the killings to inter-gang rivalry, no group claimed responsibility.

On October 17, 1991, the Times of India reported that SSP Mohammad Mustafa accused SSP Sumedh Saini of ordering the execution of four family members of Balwinder Singh of Jatana in retaliation for the assassination attempt. This accusation was made in a confidential letter to Punjab police chief D.S. Mangat. Despite these serious allegations, Saini evaded any inquiry or investigation.

Prof. Bhullar’s Relatives’ Abduction:

In December 1991, human rights organizations reported that Professor Devender Pal Singh Bhullar’s father, uncle, and a friend were abducted by the police under the orders of SSP Sumedh Saini. In July 2008, following a Punjab & Haryana High Court order, the CBI filed a criminal case against Saini for “abduction with intent to kill.” The CBI’s investigation revealed substantial evidence implicating Saini in the abduction and elimination of Bhullar’s relatives, leading to an FIR against him.

However, the Punjab Government appealed to the Supreme Court against the High Court’s decision allowing Saini’s prosecution. On December 7, 2011, the Supreme Court quashed the High Court’s order directing the CBI to investigate the disappearance of the three individuals. Justices B. S. Chauhan and A. K. Patnaik described the High Court’s order as “erroneous” and failed to address the findings of the CBI inquiry or order a new investigation.

These events highlight a broader pattern of alleged human rights abuses and the challenges in securing justice for the victims. The perceived impunity for those accused of such abuses continues to be a significant concern for human rights advocates.

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Related Topics: Balwant Singh Multani, Human Rights, Punjab DGP Sumedh Saini Cases, Sikh Youth Disappearance 1991, Sumedh Saini, Supreme Court of India

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