E-Paper
HC dismisses plea of ex-CM Channi’s nephew seeking quashing of FIR in illegal mining case
The FIR was registered on July 18 against Channi’s ex-CM nephew by the Punjab police on allegations of various offences including under the Mines and Minerals Regulation of Development Act 1957 and section 15 of Environment Protection Act 1986 in SBS Nagar district
: The Punjab and Haryana high court has dismissed a plea from Bhupinder Singh alias Honey, nephew of former Congress chief minister Charanjeet Singh Channi, seeking quashing of an FIR against him in a case of alleged illegal mining.
The FIR was registered on July 18 by the Punjab police on allegations of various offences including under the Mines and Minerals Regulation of Development Act 1957 and section 15 of Environment Protection Act 1986 in SBS Nagar district. Co-accused in the case and his aide, Kudratdeep Singh was also a petitioner in the plea which sought quashing of the FIR and protection from arrest.
They had argued that an FIR was registered on March 7, 2018 for the same set of allegations in which Kudratdeep was arrayed as an accused. However, in December 2018, when challan was presented, he was declared innocent. Bhupinder Singh was not even an accused in the FIR, it was submitted, adding that the July 2022 FIR is for the same cause of action and has been registered out of “political vendetta” against the duo, as Bhupinder is the nephew of former Congress CM Channi.
The high court bench of justice Karamjit Singh observed that the 2018 FIR was relating to the incidents which took place on particular dates in the same year and present FIR was registered following searches carried out by the Enforcement Directorate in connection with the 2018 FIR and cash to the tune of ₹ 10 crores, 73 weighment slips pertaining to Malikpur mining site and other articles were recovered from the premises of Channi’s nephew in January 2022. ED has initiated proceedings under money laundering law against them. The July 18 FIR was based on the communication from the ED, based upon seizures.
One cannot say that July 18 FIR is based on the same cause of action as the same is covering different period then the 2018 FIR. The recovery and seizure of 73 unaccounted weighment slips, claimed to have made by the ED, are relateable to illegal mining worth ₹18 crore approximately, which was not subject matter of 2018 FIR , it said.
The court further observed that at the time of 2018 FIR, Congress was in the power in the state. It becomes clear from Bhupinder’s statement before ED that he was “well-connected” with the ruling government at the time of 2018 FIR and that no action was taken against his aide, who was specifically named in the FIR. This shows that the Congress government and police authorities were having no “political will’ to investigate the 2018 FIR in right earnest and only drivers etc. were challaned, while the key accused were let off,it said.
As per ED, Bhupinder had admitted that ₹ 6/7 crore out of the recovered cash were received by him in the past 6 months for facilitating mining related works and rest of the ₹ 3-4 crores were received by him in lieu of arranging transfers of Punjab government employees through his “political connections”.
“Ever-growing menace of rampant illegal sand mining is there in Punjab. Undoubtedly illegal mining being carried out by well connected unscrupulous individuals has degraded entire environmental setup, thus causing great harm to the environment and ecological system of the region,” the bench said, dismissing the plea. ENDS