Prima Facie Abused Position Of Media Advisor To Ex-Punjab CM, High Court Refuses Pre-Arrest Bail To Bharat Inder Chahal Booked In Bribery Case

The Punjab & Haryana High Court refused to grant anticipatory bail to Bharat Inder Singh Chahal, Media Advisor to former Punjab Chief Minister, accused for taking hefty bribe during his tenure in 2017-2021, and booked under the Prevention of Corruption Act.

Chahal was media advisor to the then Chief Minister of Punjab Capt. Amarinder Singh, during March 2017 till September 2021. It was alleged that Chahal during the said tenure received hefty bribes by adopting corrupt practices.

Justice Mahabir Singh Sindhu noted, "that petitioner's income during the check period was Rs.7,85,16,905.08/-; whereas, his expenditures are assessed to the tune of Rs.31,79,89,011.89/-; hence, prima facie, he is in possession of disproportionate assets to the known sources of income; rather he accumulated the same while abusing his power and position as Media Advisor to the then Chief Minister, Punjab."

The Court also made it clear that it is settled position of law that the Courts should be slow while exercising power of granting pre-arrest bail in offences affecting the economic fabric as it causes huge loss to the economy of the State and has the significant impact on the society such as economic insecurity, loss of public trust and undermining political structure.

"As the accusations against the petitioner are very serious in nature, which need to be probed thoroughly; thus, granting him concession of pre-arrest bail shall hinder the fair investigation," added the judge.

Chahal had filed anticipatory bail petition under Section 438 of the CrPC in FIR filed in 2023, under Section 13(1)(b) read with Section 13(2) of the Prevention of Corruption Act, for allegedly practising corruption being media advisor to former CM and possession disproportionate assests.

Senior counsel appearing for Chahal argued that that petitioner is 75-year-old and has been falsely roped in the present FIR on account of political vendetta.

He also submitted that the petitioner was granted interim bail by the Co-ordinate Benching October, 2023, and in pursuance thereof, he joined investigation on three occasions and fully cooperated with the investigating officer. Thus, there is no reason to deny him the concession of pre-arrest bail, at this stage.

After examining the submissions, the Court noted that before filing of the FIR an enquiry was conducted in 2022 on the direction of Punjab Chief Director, Vigilance Bureau but despite sending various notices, he did not come forward, except on two occasions.

The judge also observed that during the course of hearing, the Senior counsel appearing for Chahal disputed "the alleged amount of disproportionate assets while showing various documents in the form of replies, but these are the self-serving materials and which, at best, can be adduced in defence during trial and/or, at an appropriate stage; but certainly, the same are not of any help while considering the present bail application."

Justice Sindhu highlighted that Chahal remained Media Advisor of the then Chief Minister, Punjab from 01.04.2017 to 31.08.2021 and present FIR was registered on 02.08.2023 i.e., within two years of his demitting the office, thus "the plea of old age at the instance of petitioner would not be convincing when he remained posted on such an important assignment till the age of 72 years."

Stating that, "the arrest of the petitioner is very much necessary to interrogate him for eliciting the actual source of disproportionate assets and to complete the investigation in a fair and transparent manner," the Court rejected the plea.

Mr. Vikram Chaudhri, Senior Advocate with Mr. K.S. Nalwa, Advocate, for the petitioner.

Mr. ADS Sukhija, Addl. AG, Punjab.

Title: Bharat Inder Singh Chahal v. State of Punjab and others

Citation: 2024 LiveLaw (PH) 290

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