The Punjab and Haryana High Court on Tuesday came down heavily on the Mohali Police for attempting to interfere in a case to allegedly favour a company owned by Babli Brar,the daughter of a former Punjab chief minister in a debt recovery case. The firm – Telephone Cables Limited – is under debt of about Rs 184 crore. During the resumed hearing of the petition,the high court made it clear to the Mohali police that it would not tolerate undue police interference in cases of recovery by financial institutions from defaulters. Such cases were civil in nature and police had no role to play,it ruled.
A Mumbai-based firm,Stressed Assists Stabilization Fund,had petitioned the high court claiming
that it had to recover loans from Telephone Cables Limited but the company belonged to influential and politically connected people. The stricken-company was in possession of the financial institution,but its officials were trying to re-enter the premises with police help,the petitioner had alleged.
The Mumbai institution further said that it had received the nod from the Debt Recovery Tribunal to auction of the unit and had hence published a notice for auction. Subsequently,the officials of the financial institution were summoned by the office of the Mohali SSP on January 15,asking them to join investigations in a case that had been lodged against them. The Mumbai institution claimed that the police did not provide them with a copy of complaint.
The police officers coerced the company to permit the officers of the Telephone Cables Limited to gain entry in the premises. The petition read that it was working to recover the amount as per provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Act,2002,and demanded that police be restrained from preventing the petitioner from recovery of dues.
The high court on Tuesday directed Mohali Senior Superintendent of Police (SSP) to appear before the court. During the resumed hearing of the case,the Bench expressed its displeasure over the manner in which the police acted. The Bench orally remarked that the criminal complaint seemed to be abuse of the process of law. In the afternoon,the Bench asserted the courts would not allow such meddling. Later,the Bench was informed that police complaint by Telephone Cables had been withdrawn.