Punjab & Haryana High Court Directs ED To Arrest Former Congress MLA Dharam Singh Chhoker In PMLA Case

The Punjab & Haryana High Court directed the Enforcement Directorate (ED) to forthwith arrest former Congress MLA from Haryana Dharam Singh Chhoker accused in a Prevention of Money Laundering Act, 2002 (PMLA) case.

It is alleged that the Company owned by Chokker and his family, Mahira Infratech Pvt Ltd had collected Rs 363 crore from homebuyers for the construction of 1,500 flats to be delivered in 2021-2022. The company accounts, funds were allegedly siphoned off as advance loan to other firms as well as diverted for personal use and purchase of several properties. As per ED Chhoker is the director of the firms of Mahira Infratech Pvt Ltd.

The plea filed against Chokker stated that despite arrest warrant issued against him in the Enforcement Case Information Reports (ECIR) registered for allegedly committing fraud, Chokker was not arrested and he was openly campaigning for the State Assembly Election which took place recently.

Justice Sureshwar Thakur and Justice Sudeepti Sharma noted that, despite the fact that anticipatory bail of Chokker was rejected, the ED failed to arrest Chokker.

The bench highlighted that Chokker was openly campaigning for the Assembly elections and despite that he declared as proclaimed offender.

"The open campaign run by the said Dharam Singh, thus could not have resulted in the ED motioning the learned Special Court concerned, for the issuance of non-bailable warrants or warrants of arrest nor the ED was required to move an application for declaring the said Dharam Singh Chhoker rather as a proclaimed offender. The reason being is but simple that since he was not an absconder nor he had concealed himself, rather was openly campaigning," said the bench.

It added that the ED and Special Court both overlooked the requirement of Section 73 CrPC, "warrants of arrest or the seeking of an order for declaring him a proclaimed offender, were required to be passed by the the Special Court, only on the  truthful ground declaring that the Chokker was concealing or hiding himself."

The Court said that Chhoker was neither hiding nor absconding as he was openly campaigning for the election so ED under the garb of moving application to declare him proclaimed offender "intended to camouflage its complete inaction and indolence, in arresting Dharam Singh Chhoker, especially, when his application for anticipatory bail, rather became dismissed by the Special Court concerned, and, the said order also became affirmed by this Court."

Consequently, the Court directed the ED to arrest Chhoker "forthwith" unless the dismissal order of his anticipatory bail plea is interfered by the Apex Court.

 Title: Virender Singh v. State of Haryana and another

Citation: 2024 LiveLaw (PH) 315

Click here to read/download the order