High Cour dismisses pre-arrest bail plea of Chahal in assets case

The Punjab and Haryana High Court has dismissed the anticipatory bail application of Bharat Inder Singh Chahal, former media adviser to the then Punjab Chief Minister, who is accused of possessing disproportionate assets. Justice Mahabir Singh Sindhu asserted that custodial interrogation was required to ascertain the source of alleged assets and facilitate fair probe.

“The arrest of the petitioner is very much necessary to interrogate him for eliciting the actual source of disproportionate assets and to complete the investigation in a fair and transparent manner,” Justice Sindhu asserted.

Chahal served as media adviser to the CM from April 1, 2017, to August 31, 2021. The FIR in the matter was registered on August 2, 2023, under the provisions of the Prevention of Corruption Act within two years of his demitting the office.

Accusations serious

As the accusations against the petitioner are very serious in nature and need to be probed thoroughly, granting him pre-arrest bail shall hinder the fair investigation. —HC Bench

“The plea of old age at the instance of petitioner would not be convincing, when he remained posted on such an important assignment till the age of 72,” the court asserted.

Justice Sindhu said Chahal’s total income during the check period was recorded around Rs 7.85 crore, while his expenditures were assessed at over Rs 31.79 crore. “Hence, prima facie, he is in possession of disproportionate assets to the known sources of income; rather he accumulated the same while abusing his power and position as media adviser to the then chief minister,” the court said.

The court said the petitioner was granted interim protection by a coordinate Bench on October 4, 2023. The petitioner did not cooperate with the investigating officer. He also did not supply relevant documents, which were exclusively in his possession. The petitioner, as such, misused the interim concession and could not take any benefit on that count as well.

Justice Sindhu added it was settled position of law that the courts should be slow while exercising power of granting pre-arrest bail in offences affecting the economic fabric as it caused huge loss to the state’s economy and had a significant impact on the society, such as economic insecurity, loss of public trust and undermining political structures.

"As the accusations against the petitioner are very serious in nature, which need to be probed thoroughly; granting him concession of pre-arrest bail shall hinder the fair investigation," the court added.