In another high-profile case of alleged corruption involving former cabinet minister Sadhu Singh Dharamsot, the state government has failed to procure the prosecution sanction. The case against Dharamsot was registered in February last year by Punjab’s Vigilance Bureau (VB). The court issued a notice to the investigating officer (IO) to file a reply on December 19.
Earlier, in October, a court had pointed out that the Punjab government failed to secure the prosecution sanction for initiating a trial against Indian Administrative Services (IAS) officer Sanjay Popli in a corruption case even after registration of the FIR more than two years ago.
In its order on December 5, the court of Additional District and Sessions Judge (ADSJ) Dr Ajit Attri noted that Punjab government’s additional public prosecutor has submitted that the sanction for prosecution Dharamsot has yet not been received, though the investigating agency is in the process of getting the necessary sanction.
“Notice to the IO be issued for December 19 to apprise the court as to what steps have been taken for obtaining the sanction for prosecution and what may be the tentative time for obtaining the sanction for prosecution,” the order said.
The notice was issued by the court while dismissing an application filed by Dharamsot for allowing him to operate his bank account.
The counsel for the accused had submitted that he had moved an application for permission for operating his bank account in HDFC Bank’s Nabha Branch, Punjab. It had been argued that during the last election for the Punjab Legislative Assembly in 2022, Dharamsot contested the election from Nabha constituency on a Congress ticket and as per law a new bank account in his name bearing with HDFC Bank’s Nabha Branch was opened on January 27, 2023, so that details of the expenses incurred for contesting election can be accounted for and submitted to the election authorities. The former minister had claimed that the account was opened for election purposes only in compliance with the directions and guidelines of the Election Commission of India.
The application further had said that with the coming of the new state government in Punjab, the accused has been falsely implicated and during the investigation the said bank account was blocked by the investigating agency.
“The bank account has no relation and connection with the offence and allegations made and attributed against the applicant/accused,” it had stated.
The additional public prosecutor for the state on the other hand had submitted that in the present case, the Enforcement Directorate (ED) had also registered the case and for further investigation does not want the accused to operate his bank account.
The VB had considered a check from March 1, 2016 and March 31, 2022 for calculating income and expenditures relating to Dharamsot and his family members. It had been found that additional expenditure of Rs 7,02,30,841.14 (Rs 7.02 crore) was incurred by the applicant during the period, which was 588 per cent more than the income earned by him. He, being public servant, committed the offence under Section 13(1)(b) read with Section 13(2) of the Prevention of Corruption (PC) Act, according to the VB.
On the basis of investigation conducted under Prevention of Money Laundering Act (PMLA), it was found that the former minister had amassed total disproportionate assets worth Rs 5,22,30,841.62 (Rs 5.22 crore) during the check period. It was also found that with the assistance of his sons Gurpreet Singh and Harpreet Singh, he had also integrated proceeds of crime to the tune of Rs 1,11,91,686.27 (Rs 1.11 crore) in the bank accounts of his sons, making the total proceeds of crime under PMLA to be Rs 6,34,22,527.89 (Rs 6.34 crore).
Dharamsot’s various movable and immovable properties being proceeds of crime have been attached via an order on March 13. The funds to the tune of Rs 3,74,260.52 (Rs 3.74 lakh) including future interest accrued in the HDFC Bank account was provisionally attached.
After hearing all parties, the court noted: “it is not in dispute that the challan has already been filed and is pending. It has also come on record that the ED has also proceeded with the matter on the basis of the FIR registered by the Vigilance Bureau and has filed a complaint which is still pending”.
It said that the application had been filed by the applicant for the purpose of operating the account for the election, which is already over.
While dismissing the application, the court ordered: “it appears that the account also contains the amount which is alleged to be the proceeds of crime and the cases are pending to reach to the conclusion.
In view of this and all the allegations coming on the file, the applicant/accused cannot be allowed to operate the account”.
