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The applications filed by Davinder Pal Singh Bhullar and Darshan Singh Multani could not be filed/entertained in the disposed of criminal appeal. Had the said applications been filed independently, the same could be rejected as being filed at a much belated stage. Even otherwise, the said applications could have gone to a different Bench.

Thus, by entertaining those applications in a disposed of criminal appeal, the Bench presided over by Mr. Justice X violated the roster fixed by the Chief Justice. Thus, the proceedings are liable to be quashed.

The proceedings dated 10.7.2007, 25.7.2007, 31.7.2007, 6.8.2007 and 9.8.2007 show that the case has been adjourned for short dates. The order dated 5.9.2007 shows that the Bench headed by Mr. Justice X was furnished with full information regarding proclaimed offenders by the authorities. However, the case was adjourned for 19.9.2007. The order dated 19.9.2007 reveals that the Bench not only entertained the application filed by Darshan Singh Multani, IAS (Retd.), but also expressed its anguish that nothing could be done since the year 1993 by the Chandigarh Police to procure the presence of the proclaimed offenders. The Police by filing the replies had adopted the delaying tactics only to derail the process of the court without bringing the proclaimed offenders to justice. The application filed by the U.T., Chandigarh to file a reply to the application filed by Darshan Singh Multani was rejected. The CBI was further directed to investigate the case properly, as no worthwhile steps were being taken by the Chandigarh Police.

"Since the police of U.T. Chandigarh has now woken up, that the proclaimed offenders have to be brought to justice and are making efforts to procure their presence, we feel that there is no need for the Special Investigation Team (S.I.T.) The Inspector General of Police, Union Territory, Chandigarh had been directed by this Court vide order dated 5.9.2007 to set up a Special Investigation Team (S.I.T.) for this purpose. At this stage, now, there is no need for this Special Investigation Team. The Inspector General of Police, UT, Chandigarh is directed to disband the Special Investigation Team and proceed as per law in the normal course to procure the presence of the proclaimed offenders, who are allegedly in foreign countries." (Emphasis added) Therefore, it is evident that the court was very much anxious to know about the proclaimed offenders, however, after getting certain information, the Court stopped monitoring the progress in procuring the presence of any of those proclaimed offenders. By this time, the Court also came to know that applicant Darshan Singh Multani's son had also been killed. Therefore, the chapter regarding the proclaimed offenders was closed. There was no occasion for the Court to proceed further with the matter and entertain the applications under Section 482 Cr.P.C., filed by Darshan Singh Multani and Davinder Pal Singh Bhullar. At this stage, the Court started probing regarding missing persons. The question does arise as to whether applications under Section 482 Cr.P.C. could be entertained in a disposed of appeal or could be heard by a Bench to which the roster has not been assigned by Hon'ble the Chief Justice.

67. The High Court has adopted an unusual and unwarranted procedure, not known in law, while issuing certain directions. The court not only entertained the applications filed by Shri Davinder Pal Singh Bhullar and Darshan Singh Multani in a disposed of appeal but enlarged the scope of CBI investigation from proclaimed offenders to other missing persons. The court directed the CBI to treat affidavits handed over by the applicant Shri Bhullar who admittedly had inimical relation with Shri S.S. Saini, as statement of eye-witnesses. The court further directed the CBI to change the names of witnesses to witness (A), (B) or (C) and record their statements under Section 164 Cr.P.C. so that they could not resile at a later stage. We fail to understand how the court could direct the CBI to adopt such an unwarranted course.