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This is an archive article published on August 31, 2022

The cases against former Punjab minister Bharat Bhushan Ashu and the ‘missing files’

In both cases—the harassment case filed against Ashu by sacked DSP Balwinder Singh Sekhon in alleged CLU scam and grain-lifting tenders scam— the trial court in Ludhiana has been informed that these files are "missing" and "untraceable."

Bharat Bhushan  Ashu being produced in court. (File)Bharat Bhushan Ashu being produced in court. (File)

In a curious coincidence, three vital government files on two ongoing cases against former Congress minister Bharat Bhushan Ashu, have gone “missing” under mysterious circumstances from the respective departments. In both cases—the harassment case filed against Ashu by sacked DSP Balwinder Singh Sekhon in alleged CLU scam and grain-lifting tenders scam— the trial court in Ludhiana has been informed that these files are “missing” and “untraceable.” Ashu was recently  arrested by the Vigilance Bureau in grain-lifting tenders irregularities case and is in police remand till Wednesday.

The original file containing the probe report of the Change of Land Use (CLU) scam of Ludhiana, conducted by sacked DSP Balwinder Singh Sekhon in 2018-19, has gone missing, the trial court in Ludhiana was informed. According to Sekhon, former minister Ashu and some other officials  were indicted in the probe and he had submitted the final report to then local bodies minister Navjot Singh Sidhu in 2019, also currently lodged in Patiala Jail. Sekhon had moved court against two-time Ludhiana West MLA Ashu alleging that the latter issued him threats during enquiry and harassed him. During the court proceedings, it came to light that the file “never came back from Sidhu’s office” and is now “untraceable.”

As per the evidence statement of Harjit Singh, superintendent, department of local government, Punjab, which was recorded in the trial court of chief judicial magistrate Sumit Makkar on August 27, 2021, ‘the original file of enquiry was sent to local government minister through principal secretary A Venu Prasad, IAS, on 10-4-19… This file has never been received back…’

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A Venu Prasad, who was then posted as the principal secretary, local government, Punjab, also recorded his statement in the Ludhiana court on March 7, 2022 and said: “It is correct that an enquiry was marked by the local bodies minister to complainant Balwinder Singh Sekhon when he was on deputation with Municipal Corporation, Ludhiana…The report was submitted in that enquiry and DSP had submitted that report to Advisor, Local bodies minister. In this regard, local government minister had passed an order for necessary action… The file was marked to Special secretary, local government, and also to the minister with a note… but I cannot say which person generated the note because the original file is not available and only the photocopy of the restructured file is brought by the department which does not have any signatures..” Prasad in his statement in the court further said he also cannot confirm the authenticity of a two-page note which was purportedly generated by him but “does not have his signatures.” However, he confirmed that the original file was sent to local government minister. “The original file of enquiry was sent to local government minister through me on 10.04.2019…It is correct that this file was never received back,” he said.

Sekhon submitted in the court that he has the photocopy of the original probe report and Sidhu can verify its authenticity.

Sidhu, who was then the local bodies minister, has now refused to appear in the court and has submitted via his counsel that if any official records have to be verified, the “competent official from local bodies department” should be summoned as he is “no more in that office in any capacity.” The court, however rejected both his applications and said “the presence of the witness is very much necessary.” Sidhu in his fresh application moved in the court on August 25, submitted that “…it has not been proved that the original file has been lost. No FIR or complaint was ever lodged about the alleged missing file in the office. Since photocopy is not admissible in evidence, proceedings should be initiated against the complainant as to how he is in possession of a photocopy of an official file…”

Sekhon had moved court against Ashu in January 2020, alleging harassment and criminal intimidation, related to inquiry of Grand Manor Homes CLU case. He alleged that Ashu asked him not to prepare an adverse report and when he refused to follow his instructions, he allegedly threatened  him on phone.

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It was alleged that the ‘Grand Manor Homes’, a residential project in Ishar Nagar worth over Rs 70 crore, had come up on agricultural land for which a Change of Land Use (CLU) certificate was issued by Ludhiana Municipal Corporation based on forged land ownership documents.

2 files untraceable in grain-lifting scam

A week after Ashu was arrested by the vigilance in the alleged grain-lifting tenders scam, the food and civil supplies department has informed vigilance that two crucial files related to the appointment of co-accused Rakesh Kumar Singla have gone “missing” from the department and are currently “untraceable.”

Ashu, former food and civil supplies minister, had allegedly cleared Singla’s appointment as chief of central vigilance committee (CVC) and chairman of tenders allotment committee despite multiple enquiries and chargesheet pending against the officer. Singla has reportedly fled to Canada and was dismissed from the department recently for concealing his Canadian PR status. A senior official from Ludhiana range vigilance bureau said: “We had sought records related to Singla’s appointment from food and civil supplies department but they have replied that the files are missing and they are still trying to locate them.”

Advocate Balwinder Singh, special public prosecutor in the case, told Ludhiana court of CJM Sumit Makkar on Monday that files were yet to be recovered from Ashu and have apparently gone “missing” from food and civil supplies department. The court granted two-day extension in Ashu’s police remand till Wednesday (August 31).

Divya Goyal is a Principal Correspondent with The Indian Express, based in Punjab. Her interest lies in exploring both news and feature stories, with an effort to reflect human interest at the heart of each piece. She writes on gender issues, education, politics, Sikh diaspora, heritage, the Partition among other subjects. She has also extensively covered issues of minority communities in Pakistan and Afghanistan. She also explores the legacy of India's partition and distinct stories from both West and East Punjab. She is a gold medalist from the Indian Institute of Mass Communication (IIMC), Delhi, the most revered government institute for media studies in India, from where she pursued English Journalism (Print). Her research work on “Role of micro-blogging platform Twitter in content generation in newspapers” had won accolades at IIMC. She had started her career in print journalism with Hindustan Times before switching to The Indian Express in 2012. Her investigative report in 2019 on gender disparity while treating women drug addicts in Punjab won her the Laadli Media Award for Gender Sensitivity in 2020. She won another Laadli for her ground report on the struggle of two girls who ride a boat to reach their school in the border village of Punjab.       ... Read More

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