Monday, 5 January 2015

Special CBI Court fast-tracks trial of a sensational case of kidnap and murder languishing on its file for 21 years

Picture courtesy: Daily mail

98 year old Amar Kaur has been fighting for justice since 1994. Probably one of the longest criminal trials in the legal history of India, the controversial Saini motor case languishing on file of the Special CBI Court, Delhi for over 21 years has been fast tracked by the Special CBI Court, Delhi, after a petition to that effect was filed by the victim’s brother and the CBI.

“The case shall be taken up on day-to-day basis from January 7 for further cross-examination till conclusion,” ordered Additional Sessions judge Mr. A.K. Mendiratta. 

Earlier, the victim’s mother, Amar Kaur had sent a telegram to the Delhi High Court begging the Court to expedite the trial of the case so that she could die peacefully. Acting on the telegram, the Delhi High Court ordered a day-to-day trial, but it never really materialized, as the proceedings sheet of this case indicate.  

The case pertains to Amar Kaur's son, Vinod Kumar, her son-in-law Ashok Kumar and her driver Mukhtiyar were allegedly murdered by former Punjab DGP Sumedh Singh Saini, by hatching a conspiracy with co-accused Sukhmohinder Singh Sandhu, Paramjit Singh and Balbir Singh Tiwari-all police officials.
  
Mr. Saini was charge sheeted on charges of abduction with intention to murder and criminal conspiracy. The charge sheet alleged that Saini had a personal grudge against some relatives, and had allegedly sought assistance from victim Vinod Kumar and his family members, who were financing Saini Motors, run by his relatives. When Kumar refused to do, Saini furnished a false case of financial misappropriation against them in 1994.
In the year 1994, the case was made over to the CBI for investigation by Punjab and Haryana High Court and in May 2004, the Supreme Court transferred the case from Ambala to Delhi. 



The transfer had been sought by Smt. Amar Kaur citing Saini’s powerful position in his home state and the ability of the accused to influence the evidence.



The trial that began two and half decades ago still continues at a snail’s pace and out of 36 witnesses named in the charge sheet, only two have been examined so far.


With half her body paralysed, besides battling high blood pressure, heart problem and sugar down to serious levels, Amar Kaur had been attending court proceedings on a wheelchair.  Despite her obvious ill-health, Smt. Amar Kaur is hopeful that the murderers of her son will be brought to justice, so that she could die peacefully.  


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