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Facing ED, tax probe heat, rebel Congress MLA Kuldeep Bishnoi makes a ‘safe switch’
Facing prosecution under Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, decision of former Congress MLA Kuldeep Bishnoi to jump on BJP bandwagon seems to be an outcome of political expediency
Facing prosecution under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, the decision of former Congress MLA from Adampur Kuldeep Bishnoi to jump on the BJP bandwagon seems to be an outcome of political expediency.
Kuldeep, who quit as a Congress MLA on Wednesday, and his son Bhavya, whom he desires to field for the Adampur assembly bypoll, are also being investigated by the Enforcement Directorate (ED) for violation of provisions of the Foreign Exchange Management Act (FEMA), 1999.
Kuldeep seeking withdrawal of lookout notice, Bhavya regular bail
In fact, an application under Section 437 of the Code of Criminal Procedure (CrPC) seeking regular bail for Bhavya in the Black Money Act case and an application seeking withdrawal of lookout notice opened against his father Kuldeep by the income tax department would come up for hearing before the court of the additional chief metropolitan magistrate (ACMM), Special Acts, Tis Hazari Court, Delhi, on August 5. A lookout notice is issued to ensure that a person required for investigations by law enforcement agencies does not leave the country. The notice is communicated to every immigration check post in the country, including international airports and seaports.
The counsel for the Union government had in 2021 submitted before a single judge bench of the Delhi high court that the sanction for prosecution of both Bhavya and Kuldeep under Section 50 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (Black Money Act), a cognisable and non-bailable offence, has already been granted. “In fact, a complaint in this regard already stands filed before the additional chief metropolitan magistrate, Special Acts, Tis Hazari, Delhi, in accordance with the law,” the HC was told by the government counsel.
‘Being on the right side of party in power matters’
Political analysts said that Kuldeep’s move to switch to the BJP has roots in the Black Money Act case and the ED probe under FEMA against him and his son. “He may not get immediate relief in these cases but being on the right side of the party in power matters a lot,’” said a former IPS officer.
Political pundits said that while the BJP may not offer him wide political expanse considering the party’s professed philosophy to curb dynastic politics, the investigating agencies may soften a bit after his entry into the BJP. Haryana chief minister ML Khattar, who seems to have pushed for Bishnoi’s induction into the BJP, had told the HT during a recent interview that they will welcome any political person who wants to develop proximity with the BJP. “After all, we are looking at a Congress-mukt Bharat. Bishnoi is not untouchable for us till the time the cases against him are not decided and attain finality,” Khattar had said in reply to a question regarding the Black Money Act cases against Bishnois.
Bhavya allowed to study at Harvard, father denied permission to visit US for treatment
While the Delhi HC in August 2021 had allowed Bhavya to travel to the United States to study master’s in public administration at the Harvard Kennedy School for two years, subject to certain conditions like the surrender of passports by both father and the son, the Supreme Court had on June 10 disallowed a petition filed by Kuldeep seeking the release of his passport deposited with the Delhi HC. Kuldeep in his petitions before the HC and SC seeking the release of the passport had contended that he needs to travel to the US for necessary treatment of thyroid cancer at the Clayman Thyroid Centre in Tampa, Florida. Kuldeep further had contended that he had undergone an operation for thyroid cancer at the Clayman Thyroid Centre, US, on February 8, 2017, and is once again having the symptoms of serious disease. He told the courts that he required immediate and urgent treatment.
Dismissing his petition, the apex court in its June 10 order said that in the facts and circumstances of the case and considering the fact that there is already a lookout notice against Kuldeep, even if the passport is released in favour of the petitioner, the petitioner shall not be permitted to travel. “Even otherwise the high court has given cogent reasons while passing the impugned judgment and order, we see no reason to interfere with the same. However, it is observed that if there is any extra-ordinary medical urgency which require the operation, it will be open for the petitioner to approach the HC again and the court may consider the same, subject to the pending lookout notice against the petitioner,’’ the SC bench said. Kuldeep did not respond to repeated calls and text messages seeking his version.
