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Endless inquiry, missing FIR: HC seeks Chief Secretary’s affidavit in scholarship scam

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Admonishing the prolonged pendency of a preliminary inquiry into an alleged large-scale irregularities in the disbursal of post-matric scholarships for Scheduled Caste students, the Punjab and Haryana High Court has questioned the failure to register an FIR within the stipulated period.The Bench has also asked Punjab Chief Secretary to file an affidavit explaining whether a 2023 complaint disclosed a cognizable offence and, if so, why the mandate on prompt registration was not followed.Taking a stern view in a pending PIL, the Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry made it clear that a preliminary inquiry could not be stretched indefinitely or used as a substitute for investigation. The court observed that the inquiry—initiated on a complaint dated May 29, 2023, was still pending, even as the State indicated it was nearing completion.Directing accountability at the highest administrative level, the Bench ordered: “An affidavit of the Chief Secretary, Punjab, be filed stating as to whether the complaint, received in 2023, disclosed the cognizable offence or not. If yes, then why FIR was not lodged within the stipulated period of 15 days, as the maximum period permitted by the Apex Court the case of Latila Kumari versus Government of Uttar Pradesh.”Expressing dissatisfaction with the delay, the Bench observed: “We see no reason as to why the preliminary inquiry should take such a long period of time since its scope is restricted to ascertaining as to whether the complaint discloses commission of cognizable offence punishable in law or not? Preliminary inquiry cannot be used to decipher the veracity of the allegations.”During the hearing, the State referred to a status report dated August 20, 2024, which was not on record. The court directed that the same be placed on record. The matter will now be taken up on April 18, 2026.The petitioner, Satbir Singh Walia, was represented in the matter by advocate Sanjiv Kumar Yadav, while Additional Solicitor-General of India Satya Pal Jain appeared for the Union of India. He was assisted in the matter by counsel Saigeeta Srivastava and Shobit Phutela, Advocates. Senior Deputy Advocate-General Salil Sabhlok, appeared for Punjab, while Special Public Prosecutor Akashdeep Singh represented the CBI.

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