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Graft case: Bhattal seeks further probe
Legal Correspondent

New Delhi, April 20
Punjab Deputy Chief Minister Rajinder Kaur Bhattal today moved an application in the Supreme Court for further investigation in the case of alleged misappropriation of Rs 20 lakh from the Chief Minister’s fund by her when she was heading the government.

The state government at the same time pleaded to the court for vacating stay on the trial proceedings against former Chief Minister Parkash Singh Badal, his son and two former ministers in Akali Dal government and a party MLA in corruption cases.

A three-Judge Bench, headed by Mr Justice K G Balakrishnan, however, deferred hearing in the cases of Bhattal, Badal and other Akali leaders for July 18, along with those of Railway Minister Lalu Prasad and former Kerala Chief Minister K Karunakaran, to decide the issue of proper sanction from “competent” authority for their prosecution as in all these matters almost identical question of law was involved.

The appeals of these leaders had been pending for nearly three years now and the matter had been lingering on due to legal wrangle. These leaders had alleged that the cases against them had been “politically motivated” and sanctions for their prosecution had not come from the “competent” authority, which could either be the Governor or the Speaker depending upon the positions held by them when the cases were registered.

The other question of law raised by them was as to what should be the relevant period for considering the grant of sanction, whether it should be the time when the alleged offence was committed or when the charge sheet was filed, for their prosecution.

Ms Bhattal, in her petition moved by her counsel Nidesh Gupta, sought modification of apex court’s February 2, 2004 stay on trial proceedings against her before Chandigarh Special Judge, allowing further investigation.

Mr Gupta said the reason for making such a plea was that some vital documents in the form of receipts on payment of money spent by her as Chief Minister for certain welfare programmes from CM’s fund were found after allegations of misappropriation had been levelled against her in a complaint. “It is prayed that liberty to undertake further investigations in relation to the receipts pertaining to the matter in question be granted,” Ms Bhattal in her application said.

Meanwhile, Mr Badal’s counsel, senior advocate K K Venugopal opposed the plea of Punjab Government counsel Rakesh Dwivedi and its Advocate General R S Cheema for vacating the stay, contending CrPC provisions for setting up Special Court for the trial against the former Chief Minister and his son Sukbir Singh Badal and grant of sanction, were violated by the Punjab Police’s Vigilance Bureau.Back

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