Chandigarh, 18 November (Trinew)
Punjab-Haryana High Court, while providing relief to the state’s woman IPS officer Aastha Modi, has canceled the comments made by the then District and Sessions Judge Kaithal. The High Court has held that the test laid down by the Apex Court has not been followed while making the observations made by the Sessions Court.
Aastha Modi had approached the High Court on September 27, 2018, seeking directions to delete the comments made against her by the then Sessions Judge Kaithal.
Aastha Modi’s argument was that no opportunity was provided to the petitioner before passing the disputed comment, which is necessary. Despite the fact that the petitioner had provided the information sought by the Sessions Court, but without considering the same, the Court put the petitioner in the dock without giving him an opportunity of being heard or issuing a show cause notice. During the hearing of anticipatory bail in a case, the then Sessions Judge Kaithal, in his order dated September 12, 2028, had directed SP (petitioner) Kaithal to file an affidavit giving details of the complaints, which he did not later than July 1, 2018. Whether CIA Kaithal or other police stations were marked and what was the rationale behind giving the complaint.
High Court said this
High Court Justice Suvir Sehgal, while granting relief to IPS officer Aastha Modi, said that the Sessions Judge had failed to follow the prescribed procedure of summoning the petitioner. The court said that the petitioner is not a party in that case, no notice was issued to him and no opportunity was given to him to present his side before punishing him. The High Court held that the adverse comments against the petitioner are unfair and unnecessary. The High Court has no hesitation in concluding that the observations recorded by the Sessions Court should be deleted.
Kaithal court had made this comment
In his remarks, the Sessions Judge had said that this court expresses its displeasure over the conduct of SP Kaithal, who endangered the liberty of a man by pushing him towards an illegal extortion racket run by the police. The CIA staff is almost dead. When SP Kaithal was caught on the wrong foot by this Court, he should have realized his mistake, repented of it and assured this Court not to repeat the same in future, but to vindicate the same. endeavor. This does not present all pleasant aspects.