HC's show-cause notice to Punjab Chief Secretary Anirudh Tiwari

Saurabh Malik

Chandigarh, February 10

Nearly seven months after the state of Punjab said decision on granting sanction in a scam allegedly involving two ex-ministers, their two personal assistants, and three IAS officers, would be taken expeditiously, the Punjab and Haryana High Court has issued a show-cause notice to Chief Secretary Anirudh Tiwari, and other officers. They have been asked to explain why proceedings under the Contempt of Courts Act should not be initiated against them.

The notice by Justice BS Walia came on a contempt petition filed against Tiwari and other respondents by Harmit Singh through senior advocate Baltej Singh Sidhu with counsel Himmat Singh Sidhu. The case has its genesis in a petition filed in public interest by Harmit Singh and other petitioners.

As the PIL came up for hearing in July last year, the Bench of Chief Justice Ravi Shanker Jha and Justice Arun Palli was told by the petitioners that the state was dragging its feet in the investigation of an FIR registered on August 17, 2017, for cheating, forgery, criminal breach of trust, criminal conspiracy and other offences under Sections 406, 409, 420, 467, 468, 471, 477-A and120-B of the IPC and the provisions of the Prevention of Corruption Act, 1988, at Vigilance Bureau police station, Phase 1, Mohali.

It was added that the authorities had taken cognisance of the matter and had conducted the investigation. But necessary sanction for prosecution had not been granted. The state counsel, on the other hand, had submitted that the matter would be examined by the authorities and necessary action and decision, if so required, on the representation/legal notice filed by the petitioners would be taken by the authorities expeditiously in accordance with law.

Disposing of the matter, the Bench on July 14, 2021, asserted: “In the circumstances and without expressing any opinion on the merits of the case, the petition is disposed of with a direction that the authorities shall look into the grievances/concerns that are being raised by the petitioners and take the necessary measures/decision on the petitioners’ representation/legal notice… The petitioners may also and if so advised file a representation before the appropriate authority in respect of any action on the complaint before the Enforcement Directorate.”

Appearing before Justice Walia’s Bench, Baltej Singh Sidhu contended non-compliance of order dated July 14, 2021, amounted to willful, intentional, deliberate violation of the orders passed by the High Court. As such, they had made themselves liable to be punished under the Contempt of Court Act. The case will now come up for further hearing on February 22.

‘Non-compliance’ of july 2021 order

Appearing before Justice Walia’s Bench, advocate Baltej Singh Sidhu contended non-compliance of order dated July 14, 2021, amounted to willful, intentional, deliberate violation of the orders passed by the High Court. As such, they had made themselves liable to be punished under the Contempt of Court Act. The case will now come up for further hearing on February 22.