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Before landing on the desk of Chief Minister Bhagwant Mann recently, a file pertaining to legal fee of senior Advocate Dushyant Dave, who was engaged by the previous Congress government to represent Punjab in Mukhtar Ansari case in Supreme Court in April 2021, made rounds of various departments, but none cleared it.
Mann on Thursday accused the previous Congress regime of going out of its way to provide a “comfortable stay” to Ansari, a gangster-turned-politician from Uttar Pradesh, in a Ropar jail and said he has sought legal opinion to recover Rs 55 lakh in legal fee from the then ministers.
During former chief minister Charanjit Singh Channi’s tenure, the file pertaining to the legal fee moved from the then Advocate General DS Patwalia’s office to that of Secretary (Jails) DK Tewari. It was also forwarded to then
Deputy Chief Minister-cum-Jails Minister Sukhjinder Randhawa, sent to then Chief Secretary Anirudh Tewari’s office as well as to the Finance Department under KAP Sinha. However, none took the decision on clearing the file, which was finally sent to Superintendent Jails on January 31 last year and put into the cold storage, weeks after model code of conduct had come into force on January 8.
After the file was put up to the then Jails Minister, the Jails Secretary had stated that the approval to engage Dave to represent Punjab government in Supreme Court was given by former chief minister Capt Amarinder Singh on January 1, 2021. However, his bill came up for clearance a year later in January 2022, months after Channi had taken over the reins of the state.
The Jails Secretary also stated that the copies of verified bills were sent to the Jails department by the Advocate General and that the bills were of much higher rates than those determined by the government. The case was put up to the department of home affairs and justice after taking approval from the Jails Minister. The finance department in its advice had written that the administrative department should give its approval for justification of the higher rates and the verification should be got done from the AG and necessary approval should be taken from the CM.
The Jails Secretary also said the file should be sent to the Finance Department only after these approvals. He also said that the new AG (at that time Patwalia had taken over during Channi regime), had not given a clear opinion and no decision could be taken in the case and hence the delay in payment of money to Dave. The Jails secretary asked the Jails Minister to organise a meeting of Advocate General, Home Secretary, Finance Secretary, Jails Secretary, ADGP-Jails, so that an appropriate decision could be taken. This was written to the minister on January 7, a day before the model code of conduct came into place.
However, on January 11, Randhawa asked the Jails Secretary to hold the meeting at his own level, who wrote back to the minister stating that it was an important matter for which meeting at higher level is requested and the minister may request the Chief Secretary to hold this meeting. The matter was referred to the Chief Secretary on January 19.
Later, on January 24, the then Chief Secretary wrote back that since the lawyer was engaged with the approval of CM, administrative officer should answer the queries of Finance Department, get the bills verified from Advocate General and proceed as per the provisions.
However, political secretary to Deputy CM wrote on the file on January 25 that the Deputy CM was busy. Finally, the file was sent to department superintendent and put in the cold storage. Punjab went to elections in February last year and elected the Aam Aadmi Party (AAP) government.
Dave’s bills are still pending. Mann has now stated that he would not pay the bills from taxpayers money “A UP criminal was kept in Ropar jail with comfort and facilities… He was not produced (in courts) despite issuance of warrants 48 times… expensive lawyers were engaged…the expense was Rs 55 lakh. I returned the file that recommended paying the lawyers from taxpayers’ money. I am thinking of recovering this expenditure from the then ministers on whose orders these decisions were taken,” Mann has said.
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