Supreme Court Clarifies Arvind Kejriwal Order While Disposing Of ED's Plea Against Interim Bail To Ex-Punjab Minister

The Supreme Court on July 8 dismissed as infructuous the Enforcement Directorate's plea for cancellation of interim bail granted to former Punjab minister and Congress leader Sadhu Singh Dharamsot in a money laundering case relating to an alleged forest scam.

A bench of Justices Sanjiv Khanna, Sanjay Karol and Sanjay Kumar passed the order, noting that the relief granted to Dharamsot (for the purpose of campaigning) expired on June 6.

To recap, taking cue from the Supreme Court's order in Delhi Chief Minister Arvind Kejriwal's case, the Punjab and Haryana High Court had granted Dharamsot interim bail on May 14 for the purpose of campaigning during Lok Sabha polls. The relief was set to expire on June 5.

Challenging this order, ED approached the Supreme Court on May 17. The matter only came to be taken up July 8, ie after expiry of the period of interim release permitted to Dharamsot. As such, the petition was dismissed as infructuous.

While disposing of the case, the Supreme Court clarified that the May 10 order granting benefit of interim bail to Delhi CM Arvind Kejriwal was passed as the matter was sub judice.

"We, however, clarify that the order dated 10.05.2024 in Arvind Kejriwal vs. Directorate of Enforcement, granting interim bail to the appellant therein, was passed, as the matter was sub judice and for the reasons set out in paragraphs 7, 8 and 15 of the said order."

Dharamsot was booked under Sections 7, 7A and 13(1)(A)(2) of the Prevention of Corruption Act and Section 120B of the IPC, pursuant to allegations of irregularities in Punjab's Forest Department (taking kickbacks to issue permits to cut trees, transfer officials, make purchases and issue no-objection certificates) and accumulating assets disproportionate to declared income during his tenure as state forest minister (between 2017 and 2022).

As the alleged offences were scheduled offences under PMLA, an ECIR was registered and ED arrested Dharamsot in January, 2024. After ED custody, he was sent to judicial custody.

The case was initially investigated and registered by the Vigilance Bureau, Punjab. During the investigation by ED, it reportedly came forth that Dharamsot acquired disproportionate assets to the tune of Rs. 6.34 crores through proceeds of crime relating to the scheduled offences.

In March this year, the probe agency provisionally attached certain properties belonging to the former minister. The same were to the tune of Rs.4.58 crores.

In passing the order, the High Court noted that Dharamsot had been an MLA five times; he remained a Cabinet Minister in Punjab and was allocated portfolios of Forests, Printing and Stationary and Welfare of Scheduled Castes and Backward Classes; and he was in active politics in the state since 1992.

Case Title: Directorate of Enforcement v. Sadhu Singh Dharamsot, SLP(Crl) No. 7684-7685/2024

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