CHANDIGARH: The Supreme Court Feb 6 issued notice to the Punjab Government on two special leave petitions filed by B.R. Bajaj and his wife, Mrs. Rupan Deol Bajaj, both Punjab cadre LA.S. officers.
In connection with the complaint of Mrs. Bajaj alleging that Gill had assaulted her during an official party at the house of the then Financial Commissioner, Home, S.L.Kapur.
The Justices who constituted the Bench, did not agree with the plea put forward by K.TS. Tulsi, who represented Gill, that the impugned documents should be granted privilege for production in the court since it be longed to the class of papers referred to as Cabinet minutes The Judges observed that if this was so, the then Chief Secretary, RP. Ojha, ought to have claimed privilege in his affidavit.
The Bench observed that it was not understood how the High Court could stay proceedings and quash the FIR and complaint, especially when the subordinate court was in the process of recording evidence of witnesses. It may be recalled that Mrs. Bajaj had lodged an FIR, with the local police on July 29, 1988 alleging that Gill had outraged her modesty when an official dinner was in progress al the house of Mr Kapur.
When no action was taken by the local police, her husband, Bajaj, had filed a criminal complaint in the court of the Judicial Magistrate. The Magistrate had recorded the evidence of five witnesses and issued summons to J.F. Riberio, the then Adviser to the Governor, and Y S. Ratra, the then Secretary to the Governor However, before the witnesses could appear before the court with certain documents, the Punjab Government had moved the High Court seeking privilege against certain documents for production in the court. The High Court had stayed the proceedings before the Magistrate.
The High Court had accepted the plea of Gill and had quashed both the F.I.R. and the complaint and also granted privilege to the state government against the production of the documents.
Article extracted from this publication >> February 10, 1995
