Introduction:

In a recent hearing, the Punjab & Haryana High Court sharply criticized the Punjab Police for its lethargic handling of several cases against Jarnail Singh Bajwa, a realtor accused in multiple FIRs over the past 16 years. The court expressed astonishment at the fact that despite numerous FIRs involving allegations of criminal intimidation, fraud, and conspiracy, the police had failed to arrest Bajwa in cases dating as far back as 2008. The petitioner, Kuldeepak Mittal, who was once a business partner with Bajwa, argued that the bail granted to the realtor had been canceled in October 2023, but despite this, no action had been taken to arrest him. The court’s ire over the police’s delay eventually led to Bajwa’s arrest in a fraud case, and the matter is still under investigation.

Petitioner’s Arguments:

The petitioner, Kuldeepak Mittal, came to the High Court after years of frustration due to inaction by the Punjab Police in the arrest of Jarnail Singh Bajwa. Mittal had been a partner in a real estate business with Bajwa, but the partnership soured when Bajwa was accused of fraud and other criminal activities in over 50 FIRs. Despite these numerous cases, Mittal highlighted that the police had not arrested Bajwa in connection with the various FIRs lodged between 2008 and 2017.

Mittal particularly noted that Bajwa’s bail had been canceled on October 20, 2023, by the High Court, but no steps had been taken by the police to arrest him. This demonstrated a clear lack of urgency on the part of law enforcement, which had allowed Bajwa to evade arrest for more than a decade. Mittal urged the court to take decisive action against the police for their negligence, noting that justice was being delayed due to their inaction.

In addition to the arrest issue, Mittal called attention to Bajwa’s considerable assets, which were likely acquired through fraudulent means. He urged the court to ensure that Bajwa disclosed all his movable and immovable assets, including bank accounts and investments, so that victims of his alleged scams could receive justice. The petitioner asked the court to bar Bajwa from selling or transferring any of his assets until the matter was resolved.

Prosecution’s Arguments:

The Punjab Police, represented by the state’s Additional Advocate General (AAG), came under severe scrutiny for its inability to arrest Bajwa despite the existence of numerous FIRs over the years. The AAG admitted that investigations into several cases were still pending but claimed that the delays were not intentional. The police provided a report detailing that Bajwa had now been arrested in one fraud-related FIR, but this did little to allay the court’s concerns about the handling of the other cases.

The AAG informed the court that efforts were being made to complete the investigations in over 20 FIRs registered in the District SAS Nagar alone, but they were unable to provide a satisfactory explanation for the 16-year delay in arresting Bajwa in cases dating back to 2008. The police also admitted that while some of Bajwa’s properties had been identified and attached, they were yet to uncover all his assets, including his movable assets and bank account details. The AAG assured the court that a full and detailed investigation would be completed soon, but these assurances failed to ease the court’s frustration with the overall progress.

Defense Arguments:

Bajwa’s legal team, led by senior counsel Bipan Ghai, presented a defense that focused on cooperating with the investigation and compliance with court orders. Bajwa’s counsel submitted that they were in the process of providing full details of his properties as required by the court and promised that the remaining information, including his bank accounts and investments, would be furnished at the next hearing.

The defense argued that Bajwa had already been arrested and was now complying with the legal process. They sought to assure the court that there was no intention to sell or dispose of any properties without the court’s permission. The defense further requested that the court allow time for Bajwa to provide a complete inventory of his assets, both movable and immovable, so the matter could proceed without further delays.

In an attempt to defend the lengthy delays in the investigation, Bajwa’s legal team argued that the complexity of the real estate projects and the number of FIRs had contributed to the delays in concluding the investigations. They also argued that Bajwa was not evading justice and was prepared to face the court’s proceedings as long as due process was followed.

Court’s Judgment:

Justice Sandeep Moudgil delivered a scathing rebuke to the Punjab Police for its failure to arrest Bajwa in cases dating back over 16 years. The court was particularly shocked that despite an FIR lodged in 2008, Bajwa had managed to evade arrest for such a prolonged period. Justice Moudgil remarked that it was “amazing” how a law enforcement agency could display such indifference to an individual who had over 50 FIRs lodged against him.

The court reviewed the report provided by the Senior Superintendent of Police (SSP) for District SAS Nagar, which attempted to explain the timeline for completing investigations in 20 FIRs. However, the court was not satisfied with the explanation and remained critical of the police’s inaction. The judge also took note of the affidavit submitted by Bajwa regarding his properties, but highlighted that the details provided were incomplete, particularly regarding his movable assets such as bank accounts and fixed deposit policies.

Justice Moudgil directed Bajwa to furnish complete details of all his assets, including bank accounts and any financial instruments where he might have invested money obtained through fraud. The court emphasized that Bajwa could not be allowed to hide any information that would help in the investigation and resolution of the cases against him.

In light of the seriousness of the allegations, the court also issued an order prohibiting Bajwa from selling, transferring, or disposing of any of the properties listed in the affidavit submitted to the court until further orders were issued. This order aimed to prevent Bajwa from liquidating any assets while the investigation and trial were ongoing.

The court ordered the case to be listed for further hearing on September 25, 2024, by which time Bajwa’s complete asset details were to be submitted. Additionally, the court warned the Punjab Police to expedite their investigation, particularly in light of their lengthy delay in taking action against Bajwa.