Chandigarh, November 11
Dismissing former Director-General of Police (DGP) SS Virk’s plea for quashing an FIR against him, the Punjab and Haryana High Court today ruled he “definitely has the right to defend himself”.
The former top cop had sought quashing of the FIR registered against him on September 8, 2007, in a corruption case. He has been accused of possessing assets disproportionate to his known sources of income. Virk has been alleging political vendetta as one of the reasons for his implication in the case.
Pronouncing the orders in an open court, Justice Permod Kohli ruled: “In view of the totality of circumstances, legal and factual position, judicial intervention into the criminal proceedings pending against the petitioner, including the FIR, is not warranted”. Justice Kohli added:
“There are serious allegations of possessing disproportionate assets against the petitioner. The charge against the petitioner has to be established in the trial by the prosecution and the petitioner definitely has a right to defend himself and to prove by evidence the substance of allegation of malafides contained in this petition and also to rebut the prosecution’s case.
“Thus, to venture into this area particularly when, prima facie, some material is available on record, interference in exercise of inherent jurisdiction would be improper and unjustified”.
After hearing Virk’s counsel Sanjiv Bansal, Justice Kohli added: "The petitioner shall also have the liberty to raise all the permissible pleas before the trial court, including those raised in this petition, in accordance with law”.
Virk had had also sought directions to the Union of India to frame guidelines so that members of all-India service were not reduced to becoming “tools” in the hands of their political bosses and face their wrath on account of displeasure earned for reluctance or refusal to abandon administrative propriety for political expediency.
Case File
FIR was registered against Virk on September 8, 2007, in a corruption case
Accused of possessing assets disproportionate to his known sources of income
Virk has been alleging political vendetta, says he has been implicated
Dismissing former Director-General of Police (DGP) SS Virk’s plea for quashing an FIR against him, the Punjab and Haryana High Court today ruled he “definitely has the right to defend himself”.
The former top cop had sought quashing of the FIR registered against him on September 8, 2007, in a corruption case. He has been accused of possessing assets disproportionate to his known sources of income. Virk has been alleging political vendetta as one of the reasons for his implication in the case.
Pronouncing the orders in an open court, Justice Permod Kohli ruled: “In view of the totality of circumstances, legal and factual position, judicial intervention into the criminal proceedings pending against the petitioner, including the FIR, is not warranted”. Justice Kohli added:
“There are serious allegations of possessing disproportionate assets against the petitioner. The charge against the petitioner has to be established in the trial by the prosecution and the petitioner definitely has a right to defend himself and to prove by evidence the substance of allegation of malafides contained in this petition and also to rebut the prosecution’s case.
“Thus, to venture into this area particularly when, prima facie, some material is available on record, interference in exercise of inherent jurisdiction would be improper and unjustified”.
After hearing Virk’s counsel Sanjiv Bansal, Justice Kohli added: "The petitioner shall also have the liberty to raise all the permissible pleas before the trial court, including those raised in this petition, in accordance with law”.
Virk had had also sought directions to the Union of India to frame guidelines so that members of all-India service were not reduced to becoming “tools” in the hands of their political bosses and face their wrath on account of displeasure earned for reluctance or refusal to abandon administrative propriety for political expediency.
Case File
FIR was registered against Virk on September 8, 2007, in a corruption case
Accused of possessing assets disproportionate to his known sources of income
Virk has been alleging political vendetta, says he has been implicated
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