Relying On SC's Kejriwal Order, High Court Grants Interim Bail To Former Punjab Minister Booked Under PMLA To Campaign For Lok Sabha Polls

Relying on Supreme Court's order granting interim bail to Delhi Chief Minister Arvind Kejriwal to campaign for the upcoming Lok Sabha Elections, the Punjab and Haryana High Court has granted interim-bail to Punjab's former Forest Minister Sadhu Singh Dharamsot, arrested by the Enforcement Directorate in connection with a money laundering case.

Justice Vikas Behl said, "This Court does not doubt the plea raised on behalf of the petitioner to the effect that he being a five time Ex.-MLA, having held the rank of a Cabinet Minister, wishes to campaign for his political party with whom he has been associated since 1992. It is further the case of the petitioner that he had responded to every summons issued by the Enforcement Directorate and had not skipped any summons. In the said circumstances, this Court is of the opinion that the argument raised on behalf of respondent-ED to the effect that the petitioner does not deserve the same benefit as has been granted by the Hon'ble Supreme Court in the case of Arvind Kejriwal (Supra), is liable to be rejected and the petitioner in the facts and circumstances of the present case deserves to be released on interim bail for a limited period..."

The Court also considered that the ED sought time to place on record certain material hence the main petition for grant of regular bail is required to be deferred.

Dharamsot was booked under Sections 7, 7A, 13(1)(A)(2) of the PC Act and Section 120-B of IPC over alleged irregularities in State's Forest Department and disproportionate assets. Thereafter Enforcement Case Information Report (ECIR) was registered as offences in the two FIRs were scheduled offences under the Prevention of Money Laundering Act, 2002. He was arrested in January this year and after ED custody was sent to judicial custody.

After hearing the submissions the Court noted that, Apex Court in Kejriwal's case  "...had deleted the condition imposed by the High Court stipulating that the appellant therein should not be involved in any political rallies and meetings directly or indirectly as imposition of such a condition would breach the fundamental rights of a citizen."

Furthermore, the Court noted that "it is not in dispute that the petitioner is a five times Ex-MLA from Congress(I) party, which is a National party and that he had also remained a Cabinet Minister in the State of Punjab and had been allocated portfolios of Forests, Printing and Stationary and Welfare of Scheduled Castes and Backward Classes and that the petitioner has been in active politics in the State of Punjab since 1992."

"It is also not in dispute that the 18th Lok Sabha Elections are being held and the date of polling in the State of Punjab is 01.06.2024 and the counting is to take place on 04.06.2024. There is nothing on record to suggest that the petitioner is a threat to the society," the Court added.

Justice Behl also observed that Dharamsot does not belong to the Ruling Party and is not holding any public office and thus, is not in a position to influence any person or tamper with official files. "It is further the case of the petitioner that he had responded to every summons issued by the Enforcement Directorate and had not skipped any summons", noted the Court.

In the light of the above, the Court granted interim bail to Dharmasot till June 05, directing that he would surrender on June 06, at 12:00 pm on the following terms and conditions:-

i) The petitioner shall furnish bail bonds in the sum of Rs.50,000/- with one surety of like amount to the satisfaction of the Special Court/trial Court

ii) The petitioner will not make any comment with regard to his role in the present cases.

iii) The petitioner will not influence any witness either directly or indirectly.

iv) The petitioner will not leave the country.

The matter is listed on July 01, for further consideration.

APS Deol, Senior Advocate, with Advocates Vishal Rattan Lamba,  Himmat Singh Deol, Sumer Singh Boparai, Arun Kumar Goyat, Karan Kalia, Dharam Pal,  Swati Katoch, Advocate for the petitioner.

Jagjot Singh Lalli, Deputy Solicitor General of India, with  Lokesh Narang, Advocate and

Manish Verma, Advocate for the respondent.

Case Title: SADHU SINGH DHARAMSOT V. DIRECTORATE OF ENFORCEMENT

2024 LiveLaw (PH) 162