SC orders CBI to probe alleged abduction of dentist by Chandigarh police

New Delhi [India], August 24 : The Supreme Court ordered the Central Bureau of Investigation (CBI) to conduct a preliminary inquiry into the allegations against Chandigarh police personnel of abducting a dentist.
A bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah in its August 6 order said an inquiry into the matter may be entrusted to the CBI for an independent probe.
The order of the apex court came on a petition filed by the Union Territory of Chandigarh against the March 2023 order of the Punjab and Haryana High Court constituting a special investigation team (SIT) of the Punjab police to examine, among others, the alleged abduction of dentist Mohit Dhawan by Chandigarh police personnel.
The top court said it was not inclined to interfere with a Punjab and Haryana high court order that directed for the registration of an FIR and setting up of SIT to probe the issue.
The case stems out from allegations made by foreign nationals against Dhawan, accusing him of charging excessive fees for treatment. These allegations led to the registration of FIR by the Chandigarh police.
He had then approached the High Court seeking anticipatory bail. The High Court had granted him interim bail and also asked the Punjab police chief to constitute a SIT to examine his alleged abduction by UT police personnel.
Dhawan had alleged that when went to mark his presence before a magistrate's court, he was allegedly abducted by a Chandigarh Police team, which claimed that he was arrested in connection with another case.
It was claimed by him that he was being harassed at the behest of former Central Bureau of Investigation (CBI) special director Rakesh Asthana and other police officers.
The top court while passing the order of preliminary enquiry by the CBI said that the matter had taken a course in "utter violation of the Constitution and the laws" and that allegations pertained to personal liberty.
"We think that although this matter springs from a complaint at the hands of the foreign nationals who were at one time patients of the respondent but thereafter it may have taken a course in utter violation of the Constitution and the laws and therefore an independent investigation is indeed required to clear all doubts as to the allegations as they relate to personal liberty of a citizen. To that extent, we are not inclined to interfere with the impugned order," the order stated.
It also asked CBI to enquire whether Dhawan was produced before the local Magistrate within 24 hours of his detention/arrest and whether his "detention/arrest" by police officials amounted to abduction.