IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

Transfer Petition (Crl.) No. 32 of 2024

IN THE MATTER OF:
ASHISH KUMAR ...Petitioner
VERSUS

CENTRAL BUREAU OF INVESTIGATION & Ors . . . .Respondents

S.No Particulars Page No
1. CASE PROCEEDINGS AND TRANSFER DETAILS 1-4
IN CBI VS. S.S.SAINI
2. APPLICATION FILED BY THE PETITIONER 5-9

Adarsh Priyadarshi And Associates

Advocate for Petitioner
A2/74, LGF, Safdarjung Enclave
New delhi-110029.
DATE 13.04.2024 Mobile No: +91- 8806662746.
NEW DELHI E mail Id :[email protected]
 CASE PROCEEDINGS AND TRANSFERDETAILS IN CBI vs. S.S.SAINI 1
FROM JUDGE TO COMMENTS PROCEEDINGS

18.05.2001 Sh. BB Parsoon, Ld. ASJ, 04.10.2002 Challan

Ambala Committed
Arguments on Charges
30.10.2002 Sh. MM Sharma, Ld. ASJ, 18.09.2004
Ambala

On the order dated 15.10.2004 of Hon’ble Supreme Court case transferred to Delhi

08.11.2004 Ms. Pratibha Rani, Ld. 07.12.2005 Arguments on Charges

ASJ, Tis Hazari, Delhi

12.01.2006 Sh. Vinod Goyal, Ld. ASJ, 10.12.2008 9.01.2007 From 07.12.2005 to
Tis Hazari, Delhi Charges Framed 06.12.2006
Arguments on Charges.

10.12.2008 Case transferred to Ms. Pratibha Rani (Ld.ASJ) for 02.01.2009

02.01.2009 Ms. Pratibha Rani, Ld. 03.08.2009 Case transferred PW1: Amar Kaur
ASJ, Tis Hazari, New Delhi

03.08.2009 Ms. Poonam Chaudhary, 10.09.2010 PW 1 Amar Kaur:

Ld. ASJ, Tis Hazari, New 30.04.2010 to 18.08.2010
Delhi
 2

27.09.2010 Ms. Santosh Snehi Mann, 09.09.2011 PW: 2 Minakshi Saini:

Ld. ASJ, Tis Hazari, New 25.08.2010 to 22.03.2011
Delhi

28.09.2011 Sh. Narender Kumar, Ld. 15.12.2012 PW 3 Ashish Kumar:

ASJ, Tis Hazari, New Delhi 28.11.2011 to 15.12.2012
PW-4 Raj Rani

15.12.2012 Case transferred to Sh. Anoop Kumar Mendiratta, Ld. ASJ, Tis Hazari, New Delhi

22.12.2012 Sh. Anoop Kumar 21.01.2015 PW 3 Ashish Kumar:

Mendiratta, Ld. ASJ, Tis 22.12.2012 to 21.01.2015
Hazari, New Delhi

28.01.2015 Case marked to Duty Judge

18.02.2015 Sh. MK Nagpal, Ld. ASJ, 25.04.2017 PW-3 Ashish Kumar

Tis Hazari, New Delhi PW-5 R.K Talwar
PW-6 Ram Swaroop
PW-7 Gursharan Sidhu
PW-8 K K Sharma
PW-9 Retd. Justice Rajive Bhalla
PW-10 Raj Kumar

29.05.2017 Sh. Sandeep Yadav, Ld. 21.07.2017 PW-11 Jinder Kaur

 3

ASJ, Tis Hazari, New Delhi

24.07.2017 Case Transferred to Ms. Sarita Birbal Ld. ASJ, Tis Hazari, New Delhi

25.07.2017 Ms. Sarita Birbal, Ld. ASJ, 14.10.2017 PW-12 Balvir Singh
Tis Hazari, New Delhi PW-13 Mohan Singh

08.11.2017 Ms. Anju Bajaj Chandna, 18.11.2019 Presiding officer PW-14 Smt Bala
Ld. ASJ, Tis Hazari, New transferred on PW-15 Pradeep Walia
Delhi 06.12.2017 PW-16 K S Thakur
PW- 17 Rajinder Walia
PW-18 D.P Singh
PW-19 Reena

08.01.2020 Sh. Sanjeev Aggarwal, Ld. 10.05.2022 PW-20 R S Punia

Spl. Judge CBI, Rouse PW-21 Mr Sharad
Avenue, New Delhi

21.05.2022 Sh. Rakesh Kumar-III, Ld. 14.07.2022 Case Statement under section 313
Spl. Judge CBI, Rouse Transferred Cr.P.C. of Accused No. 1
Avenue, New Delhi

22.08.2022 Sh. Naresh Kumar Laka, 20.03.2024 Presiding Officer Statement of accused(s)
Ld. Spl. Judge CBI, Rouse Transferred 313 of Accused No 1
Avenue, New Delhi 313 of Accused No 2
313 of Accused No 3
 4

313 of Accused No 4
All Defence witnesses
Witnesses of Accused No 1
—
D1W1 and D1W2
Witnesses of Accused No 2
D2W1, D2W2, D2W3,D2W4
Witnesses of Accused No 3
D3W1,D3W2,D3W3,D3W4,
D3W5,D3W6,D3W7, D3W8 and
D3W9.
Witnesses of Accused No 4
D4W1,D4W2,D4W3,D4W4 and
D4W5
Final Arguments heard on
11.03.2024
13.03.2024
15.03.2024
16.03.2024
18.03.2024
 5

Ms. Sunena Sharma

Special Judge (PC Act), CBI

Rouse Avenue Court

Subject: Request for considering placing case SC No.

02/2019 State v. Sumedh Singh Saini before any

other Hon’ble Bench or in the alternative

adjourning the proceedings beyond 15.04.2024.

Sir,

The undersigned submits the following facts for the kind

consideration of Your Goodself:

1. The applicant is pursuing the above-mentioned case for the

last three decades to get justice for the killing of his

brother, brother-in-law and their driver at the behest of

Accused no.1-Sumedh Singh Saini along with the other co-

accused, who in conspiracy and in connivance with each

other abducted the brother and driver of the applicant from

the premises of the High Court of Punjab and Haryana.

2. The influence and power of the principal accused can be

seen from the fact that even the Hon’ble Judge of the High
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Court had been threatened with consequences, since the

made an endeavour to follow the path of justice and to take

action against the accused persons. It may be noted here

that after the intervention of the Hon’ble High Court, the

matter was registered and investigated.

3. Even after the registration of the case, all possible hurdles

were created by the accused persons to derail the process

of justice and the matter was initially transferred to the

CBI Court at Ambala and thereafter to New Delhi by the

Hon’ble Supreme Court of India.

4. For the trial to commence and proceeds, the applicant and

his now deceased mother made several attempts to seek

expeditious trial and all possible efforts made by the

Premier Investigating Agency of the country also could not

result in conclusion of the trial in the last three decades.

5. The principal accused cited all possible excuses ranging

from threat perception to re-summoning of witnesses solely

with the aim of tracking the trial endlessly.

6. Myself would find some solace and peace for my deceased

mother who left for heavily aboard in her quest to get

justice for her son’s death, when the matter was taken up

on day to day basis by the Predecessor of Your Goodself.

Even at that stage, delay tactics by recalling of the witness

were resorted to by the accused party.

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7. The hope of getting justice was again hit by a roadblock

created vide order dated 19.03.2024, whereby the

Predecessor of Yourself was transferred to another Court.

The subsequent events which happened thereafter; hamper

the confidence and faith of the applicant and therefore the

applicant is moving the present representation.

8. On the date of the issuance of the order dated 19.03.2024,

with the Predecessor of Your Goodself was present, during

the course of hearing he was informed about the transfer

orders. He expressed his inclination to continue with the

matter till Your Goodself took over the charge formally. His

attempt to proceed with the matter was obstructed by the

defence counsels and one amongst them suggest that the

Hon’ble Presiding Officer may wait till 12:30 PM and

thereafter record the evidence and proceedings, which was

duly accepted.

9. Immediately thereafter, they started to claim that the new

officer would join before 12:30 p.m. and it was at the same

time when the bench received a message in an open court

that Your Goodself took charge of the present

court/assignment at 12:30 PM. Needless to say, that such

incident would hamper the spirit and morale of the

applicant who has been fighting hard to seek justice.

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11. It would not be out of place to mention here that the

applicant has also approached the Hon’ble Delhi High

Court for seeking transfer of the matter to the Predecessor

of this Court sincere already considered the matter at

length and it was almost at the fag end. The matter was

listed on 09.04.2024 and has now been adjourned to

15.04.2024 due to the ill-health of the Counsel of the

applicant.

12. Considering the aforementioned facts, it is submitted that

time and again it is the judiciary and the legal setup which

had come to the rescue the applicant in his fight to get

justice against the sinister actions of the accused persons

who left no stone unturned to obstruct the course of

justice. However, their actions and reactions on

19.03.2024 and thereafter, coupled with the manner in

which they have been claiming victory and suggesting that

there order of acquittal has already been dictated by Your

Goodself shatters the confidence of the applicant and

adversely affects the morale of the entire prosecution team.

13. The aforementioned facts, the applicant is pursuing his

remedies before the Delhi High Court so that the matter

can be taken to a logical end before the Predecessor

Presiding Office, which is also been obstructed and

opposed by the accused claiming for conclusion of the trial

 9

before Your Goodself, which also further disturbs the

applicant.

14. Even in the local police circle in Punjab a general notion

has been spread that ‘DGP Saini Saab’ will be acquitted

now and my friends, family and acquaintances have been

calling and inquiry about the change in scenario and the

reasons for their enthusiasm. To my understating, yet

another attempt has been made by them to malign and

bring disrespect to this institution of justice.

15. It is a settled phenomenon that justice should not only be

done but also seemed to be done. However, in the present

circumstances, it seems that the unnecessary and

unwarranted zeal expressed by the defence team and the

accused to seek continuation and closure of the trial before

Your Goodself disturbs the applicant.

Hence, it is most humbly prayed that Your Goodself may

consider placing this matter before any other Hon’ble Court

AND/OR in the alternative the proceedings beyond 15.04.2024,

so that the applicant can pursue his remedies before the Hon’ble

Delhi High Court in the pending court case. As a matter of

abundant caution, it is submitted that this representation is

without prejudice to my legal rights.

Applicant/Complainant

(Ashish Kumar)