"Vigilance Bureau Initiated Criminal Proceeding To Harass": Punjab & Haryana HC Quashes Corruption Case Against Former Minister
The Punjab & Haryana High Court quashed two FIRs against former Congress food, civil supplies and consumer affairs minister Bharat Bhusan Ashu, and others in a corruption case pertaining to the alleged foodgrain tender and transportation scam.
Two FIRs were lodged under the Prevention of Corruption Act and provisions of the IPC by Ludhiana and Jalandhar Vigilance Bureau in an alleged Rs. 2,000 crore scam involving the transportation of foodgrains during the Congress Government in 2017-2022.
Justice Mahabir Singh Sindhu said, "The irresistible conclusion would be that criminal proceedings have been initiated against petitioner(s) by the Vigilance Bureau at the instance of complainant, just to harass them and as such, it amounts to misuse of powers by the Bureau, for the reasons, which are unknown to law."
According to the FIR, the former minister was involved in corrupt practices by awarding tenders for the transportation of foodgrains and allegedly received a bribe for compromising tender for food procurement and transportation.
After examining the submissions, the Court in Ludhiana FIR found that the amendment to the tender policy was made "to facilitate everyone concerned and there was no intention to give benefit to any particular person."
The judge also took note of the fact that the policy was also challenged by filing the writ petition but it was dismissed.
"The amendment of Clause 5(G) of the Policy for 2020-21, which has been made the sole basis for initiation of criminal prosecution, has already been judicially reviewed by the Division Bench(es) of this Court and the same is duly upheld. Moreover, the Policy for 2020-21 was framed by the Government of Punjab and thus, it cannot be said that the decision to that effect was taken, solely by the petitioner-Bharat Bhushan Sharma @ Ashu," added the Court.
Analysing the prosecution case the Court concluded that "there is no hesitation to observe that allegations leveled in the FIR do not disclose any cognizable offence and at best, complainant could have availed remedy of judicial review against the amended Policy for 2020-21; but certainly, there was no occasion to prosecute the petitioner(s) on that count."
Justice Sindhu highlighted that the allegations in both the FIRs are the same and there was no occasion for the Vigilance Bureau, Jalandhar, to register a second FIR on the same cause of action. “It amounts to double jeopardy and as such, the present FIR is liable to be quashed.”
Mr. Bipan Ghai, Senior Advocate with Mr. Nikhil Ghai, Advocate and Mr. Amit Agnihotri, Advocate, for the petitioner in CRM-M-43528-2023.
Mr. Sant Pal Singh Sidhu, Advocate and Mr. Sarbuland Mann, Advocate for the petitioner(s) in CRM-M-52719-2023 and CRM-M-34685-2024.
Mr. D.S. Brar, Sr. DAG, Punjab.
Title: Bharat Bhushan Sharma @ Ashu v. State of Punjab
Citation: 2024 LiveLaw (PH) 425