Chandigarh, December 10
The Punjab Agriculture Minister Mrs Rajinder Kaur Bhattal’s bid to replace Chief Minister Amarinder Singh suffered a setback when the UT Special Court Judge, Mr R.S. Baswana, today ordered the framing of charges against her in a corruption case. The court would frame the charges under the provision of the Prevention of Corruption Act and also Criminal breach of trust on December 18.

Pronouncing the 25-page order in a jampacked courtroom at about 4.10 p.m, the Judge said that “ there are sufficient grounds to presume that the accused while holding the office of the Chief Minister was the custodian of the Chief Minister’s Relief Fund. Out of that fund, she had withdrawn Rs 20 lakh. She had received the cash, after encashing two cheques. That amount was required to be utilised for giving financial assistance to needy persons and institutions. But she is not shown to have utilised the amount for the purpose it was meant”.

Giving details while dismissing her plea to discharge her in the case, the Judge, Mr Baswana, said that “in that way she has committed breach of trust with regard to this amount of Rs 20 lakh by not explaining utilisation after its withdrawal from the treasury. She has thus misused the office of the Chief Minister by doing so. She is accordingly ordered to be charged under Section 409 of the IPC and Section 13 (1) (d) read with Section 13(2) of the Prevention of Corruption Act. The application filed by the accused under Section 227 of the code of the criminal procedure is accordingly dismissed”.

While talking about the framing of charges against Mrs Bhattal, the Judge said that “the merits of the case are not supposed to be looked into at this stage nor the court is expected to go deep into the probative material on record. If on the basis of material on record the court comes to the conclusion that the accused had prima facie committed the offence the court will be obliged to frame charges and proceed with trial”.

Rejecting the contention raised by Mrs Bhattal’s counsel that the investigating agency did not seek sanction before filing the challan, the Judge said that “No doubt she (Mrs Bhattal) was minister on the date of filing of the report under Section 173 of the code of criminal procedure code and an MLA on the date of filing of the complaint, but in this situation no sanction under Section 19 of the Prevention of Corruption Act was required for prosecuting her under Section 13(2) of the Prevention of the Corruption Act.

Giving details the Judge further said that “ when she is alleged to have committed an offence punishable under Section 409 of the IPC no sanction at all was required under Section 197 of the code of criminal procedure as per the authority. The judge observed: “The situation in which the accused was placed in the case was very much dealt with by the apex court in the A.R. Antulay’s case”.

Mrs Bhattal was granted exemption in the case today following her counsel’s plea that she was unable to attend the proceedings due to her meeting with the Congress high command in Delhi. Mr P.N. Lekhi, Supreme Court advocate, had appeared on behalf of the complainant, Mr Vijay Singla, the Special Public Prosecutor for Punjab State and Mr Baldev Singh, on behalf of Mrs Bhattal.