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The Punjab and Haryana High Court on Friday quashed two separate FIRs against former Punjab Congress minister Bharat Bhushan Ashu, which had been registered for cheating and corruption by the state Vigilance Bureau.
In the case, it was alleged that Ashu had attempted to help certain contractors by changing a clause in the Punjab Food Grains Labour and Cartage Policy 2020-21.
The petitioner argued that he had no involvement in the drafting of the policy, as it was formulated by a special committee consisting of the secretary of food supply, the director of food supply, and other senior officials of the state. The drafting was not a one-man task; it was carried out by a group of experts who verified and analyzed each aspect before the final draft of the policy was formulated. Therefore, the argument that the petitioner attempted to change a clause in the policy was unfounded, the petitioner’s counsel contended.
Ashu had moved the High Court seeking the quashing of the FIRs (numbers 11 and 18), which were registered by the Vigilance Bureau in Ludhiana and Jalandhar, respectively. These FIRs were based on allegations of Ashu receiving bribes through his conduits for compromising tenders related to food procurement and transportation, as well as their quality and conditions.
Counsels for Ashu – Senior Advocate Bipan Ghai and Nikhil Ghai – argued that the FIRs had been filed against Ashu due to political vendetta, as no prior approval under Section 17A of the Prevention of Corruption Act was obtained.
The counsels further contended before the High Court that the Foodgrain Transportation Policy 2020-21 had already been upheld by the court, and that no wrongdoing had been committed by Ashu as a public servant. They argued that the policy was an example of good management.
However, the state counsel opposed Ashu’s plea for quashing the FIRs.
After hearing the matter, the Bench of Justice Mahabir Singh Sindhu allowed Ashu’s plea to quash the FIRs. A detailed order in the matter is yet to be released by the High Court.
Bail Granted in ED Case
The High Court also granted bail to Bharat Bhushan Ashu in a case registered by the Enforcement Directorate (ED).
Senior Congress leader and former Food and Civil Supplies Minister Ashu had been arrested by the ED under the Money Laundering Act. Ashu, based in Ludhiana, Punjab, is accused of being involved in a multi-crore foodgrain transportation and labor cartage tender scam during his tenure as Food and Civil Supplies Minister in the previous Congress government of Punjab.
Earlier, the ED’s investigation uncovered documents related to property valued at approximately Rs 1.5 crore and led to the seizure of around Rs 30 lakh in cash.
Ashu’s counsels, while seeking bail, argued that the ED had illegally arrested him. According to the ED’s complaint, there was no evidence to prove that he was involved in money laundering. The ED’s case was based on presumption, with no legal evidence to show that he had laundered the proceeds of crime. Furthermore, the ED had violated the provisions of the Prevention of Money Laundering Act (PMLA) in arresting him, the counsels argued.
The Court of Justice Mahabir Singh Sindhu, after hearing the arguments, granted bail to Ashu.
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