Dismissal of Ashu’s bail plea: Economic offences are distinct class, courts can’t adopt routine approach: Punjab and Haryana HC

While dealing with anticipatory bail pleas for four others, Punjab and Haryana HC observed, that allowing anticipatory bail to some extent interferes in area of investigation.

The economic offences pose serious threat to the financial health of the country and ought to be viewed seriously, the Punjab and Haryana high court has said, while dismissing bail plea of a former Congress minister, Bharat Bhushan Ashu.

Economic offences constitute a distinct class which is a class apart and need to be visited with a different approach in the matter of bail, the bench said. (Representational image)

Ashu, who served as minister of food, civil supplies and consumer affairs during the Congress regime was booked in a graft case by the state vigilance bureau on August 16 and was arrested on August 22. So far, 17 persons have been named in the scam. He had moved the bail plea last month.

Economic offences constitute a distinct class which is “a class apart” and need to be visited with a different approach in the matter of bail, the bench said adding that releasing Ashu on bail at this stage, might prejudice the pending investigation as many accused are still to be arrested in order to unearth the big scam involving crores of rupees.

It further added that such offences have deep rooted conspiracies and pose serious threat to the financial health of the country. It is to be considered as grave offences affecting the State exchequer and economy of the country as a whole,” the bench of justice Raj Mohan Singh said, in the detailed order released on Tuesday. The court also dismissed anticipatory bail pleas of Jagroop and Sandeep Bhatia (contractors) and two others, Surinder Kumar and Anil Jain. The allegations are of corruption in awarding tenders for the transportation of food during Congress regime.

The bench further clarified that even as state as well the petitioners have tried to argue the case on merits, but the bench was restraining itself from any observation as it might prejudice the case of either sides.

While dealing with anticipatory bail pleas for four others, the court observed that allowing anticipatory bail to some extent interferes in the area of investigation. “The Court must be circumspect while exercising such power for grant of anticipatory bail in economic offences. The right of anticipatory bail is not an absolute right and is not a part of Article 21 of the Constitution of India. The economic offences stand as a different class as they affect the economic fabric of the society. In economic offences, the accused is not entitled to anticipatory bail in a routine manner,” the bench further recorded.