In an unusual case, the Supreme Court has ordered the Central Bureau of Investigation (CBI) to investigate whether the Chandigarh Police had kidnapped a dentist or had kept him in their custody. It has been alleged that the police had kidnapped the dentist to prevent him from appearing in court.
The Supreme Court had ordered the CBI to conduct a preliminary investigation into the case. It is pertinent to note that the CBI registers a case in any matter only after conducting a preliminary investigation. The bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah said that it does not intend to interfere with the order of the Punjab and Haryana High Court, which had directed the police to register an FIR and form an SIT to investigate the matter. The Supreme Court, however, said that the investigation can be handed over to the CBI for an independent investigation.
After hearing the argument of both parties, a two-judge bench of the Supreme Court said that even though this case came up following complaints by foreign citizens, it may have grossly violated the Constitution and several other legislations. The court further said that an independent investigation is needed to get to the bottom of all allegations, as they affect the personal freedom of a citizen.
The Supreme Court asked the CBI to find out whether the doctor was detained or arrested by the Chandigarh Police at Sector 19 Police Station and whether he was produced before the local magistrate within 24 hours. It will also be investigated whether the detention or arrest of the doctor by the police officers was tantamount to kidnapping.
Chandigarh-based dentist Dhawan had filed a case against a woman from Nairobi (Kenya) in order to recover the fees due for her treatment. Dhawan’s lawyer informed the court that the dentist has been falsely implicated in the complaint for allegedly mistreating the woman.
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