Punjab and Haryana High Court denies anticipatory bail to Bharat Inder Singh Chahal

The Punjab and Haryana High Court has dismissed the anticipatory bail application of Bharat Inder Singh Chahal, former media advisor to the then Punjab chief minister, who is accused of possessing disproportionate assets. Justice Mahabir Singh Sindhu asserted custodial interrogation was required to ascertain the source of the 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 advisor 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. “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 asserted Chahal’s total income during the check period was recorded at approximately 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 advisor to the then chief minister.”

The court added the petitioner was granted interim protection by a coordinate bench on October 4, 2023. The petitioner did not cooperate with the investigating officer despite repeated asking by the vigilance bureau. 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; thus, granting him concession of pre-arrest bail shall hinder the fair investigation,” the court added.