The Supreme Court, in a decision on February 5th, upheld the Punjab and Haryana High Court’s ruling granting bail to Bhupinder Singh, the nephew of former Punjab Chief Minister Charanjit Singh Channi. This ruling pertains to a case under the Prevention of Money Laundering Act related to alleged illegal sand mining activities.
However, the Supreme Court expressed reservations regarding the High Court’s order, noting that it was issued without allowing the Enforcement Directorate (ED) to respond. Justices Sanjiv Khanna and Dipankar Datta, in their ruling, stated, “Though we have some reservations with the impugned order…we are not inclined to interfere with the impugned order. Hence, the special leave petitions are dismissed.”
Nevertheless, the Supreme Court clarified that the ED would retain the authority to take action if any predicate offenses are registered. The Court emphasized, “However, we clarify that in case any predicate offense (s) is revived/registered, it will be open to the petitioner – Enforcement Directorate to take steps and proceed by law.”
This legal matter traces back to a 2018 FIR filed at Rahon, initially involving Bhupinder Singh’s business partner, Kudratdeep. However, Kudratdeep’s name was later removed from the police challan copy. The ED alleges that Kudratdeep was involved in illegal sand mining, with Bhupinder Singh managing the operations and handling cash transactions.
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Bhupinder Singh argued before the High Court that the ED’s allegations were baseless and constituted an abuse of legal process, asserting that no predicate offense had been established. The High Court, however, determined that Bhupinder Singh met the criteria for bail as outlined in Section 45 of the Act, which includes conditions for bail eligibility. The Court noted the absence of direct allegations implicating Bhupinder Singh in Kudratdeep’s financial affairs and found no presumptions adverse to his conduct.
Additionally, the High Court acknowledged the delay in the ED’s filing of the complaint, four years after the FIR’s registration in 2018. Considering the potential lengthy duration until the trial conclusion and Bhupinder Singh’s age, approximately 36 years old, the High Court deemed bail appropriate.
In summary, the Supreme Court’s decision reaffirms the bail granted to Bhupinder Singh by the Punjab and Haryana High Court, while also underscoring the ED’s authority to pursue legal action should any predicate offenses arise.
