E-Paper
HC bars Haryana vigilance from arresting accused before end of 10-day notice period
In July last year, the state vigilance bureau had exposed the scam, wherein it was found that the Haryana government funds meant for providing free coaching to Schedule Caste students were misused.
The Punjab and Haryana high court (HC) has barred the Haryana vigilance bureau from arresting a multi-crore coaching fund scam accused before the end of the 10-day notice period and termed his detention “not as per law”.
In July last year, the state vigilance bureau had exposed the scam, wherein it was found that the Haryana government funds meant for providing free coaching to Schedule Caste students were misused.
As many as 14 persons, including officials of technical education department, SC/BC welfare department and directors of coaching centres, were booked on charges of cheating, forgery, disappearance of evidence, criminal conspiracy and corruption in two FIRs. Among them was Ved Parkash, the director of the training institute ‘Gateway’ in Sector 36-D, Chandigarh, who was named in two FIRs.
As per the vigilance report, the institute received ₹1.06 crore from the government for coaching 902 students for the post of clerk and over 1600 students for HTET. But they could share details of only 123 students. When inspected, 33 of these students said that they never took any coaching.
Parkash was named two FIRs – FIR Number 6 and 7 registered with the state vigilance bureau.
FIR number 7 was registered last October, and Parkash had approached the sessions court seeking anticipatory bail, which was granted.
In the response to the bail application, the state vigilance bureau had stated: “…investigation is pending. If required, an advance notice of 10 days shall be given to the accused…”
In FIR 6, registered on July 14, 2022, Prakash had been granted an anticipatory bail by the high court on January 13. Having secured the anticipatory bail, the accused on January 24 appeared before the state vigilance bureau in Sector-23, Panchkula where he was detained.
The vigilance bureau stated that he was required in FIR 7, for which a notice had already been served.
Terming it an illegal detention, his nephew Mohit Dhiman approached the court.
The court observed that in the order dated January 13, 2023, the petitioner’s uncle Ved Parkash was granted protection against his arrest. “In other words, he was on the run prior to January 13, 2023. In these circumstances, there would have hardly any occasion for the police to have served 10 days advance notice to petitioner’s uncle, as was required to be served in terms of the order dated October 3, 2022, in case police intended to effect his arrest in respect to FIR number 7 dated July 22, 2022,” the order issued on January 25 mentions.
Even the report of warrant officer reflects “no definite answer”, regarding serving of 10 days prior notice before effecting arrest.
“The detention of petitioner’s uncle prima facie does not seem to be as per law. As such, it is directed that he be released forthwith,” the court directed.
It added: “In case he is required to be arrested, it shall be open to the state vigilance bureau to serve him 10 days advance notice in terms of order dated October 3, 2022.”
Till the expiry of 10 days period after serving notice, he cannot be arrested. With this, the court directed to immediately convey the order to the area magistrate.
