E-Paper
Punjab irrigation scam: HC restrains vigilance from coercive action against ex-IAS officer
Punjab and Haryana high court acted on the plea of former IAS officer Karanbir Singh Sidhu in which he challenged vigilance proceedings against him in the scam reported during the SAD-BJP government’s tenure from 2012-17
The Punjab and Haryana high court has restrained the Punjab vigilance bureau from taking any coercive step till February 8 against former IAS officer Karanbir Singh Sidhu.
The high court acted on Sidhu’s September 30 plea in which he had challenged vigilance proceedings against him in the 2017 irrigation scam. The former IAS officer, who is in the US, had also sought directions that upon his return, he be should not be arrested.
Misuse of public funds: FIR
His alleged role is being probed by the vigilance bureau into the multi-crore irrigation scam, reported during the previous Shiromani Akali Dal-BJP government’s tenure from 2012-17.
The FIR was registered on August 17, 2017, under the Prevention of Corruption Act against kingpin and contractor Gurinder Singh and three senior officers of the Punjab government for alleged misuse of public funds. The vigilance bureau said during the Akali government’s tenure, senior officials connived with the contractor and allocated works worth ₹1,000 crore to him at more than 50% of the departmental rates.
‘Enquiry’ or ‘investigation’?
During the court proceedings, the Punjab government submitted that as of now there was no move to arrest him and others. A correction in an order on approval from the state government sought under the Prevention of Corruption Act is to be sought. Earlier, approval was given for “investigation”, which is now to be replaced with “enquiry” in terms of the PC Act and it might take some time. Till such time, even the vigilance bureau would not issue any notice to him and others, the state’s counsel said.
However, Sidhu said that there was no approval under Section 17-A of the Prevention of Corruption Act even for conducting any vigilance “enquiry”. The September 16, 2022, approval was for “investigation” against him.
Contractor’s confession
According to Sidhu’s submission in the high court, Gurinder Singh made a confessional statement on December 19, 2017, that he had paid bribes in crores to former ministers and three serving IAS officers for getting undue benefits. The interim report by the investigating officer reflected these claims. However, Sidhu was neither summoned nor named accused. In the meantime, the vigilance bureau filed 14 challans in the FIR against 32 people. Sidhu’s name did not figure in it and on August 2, 2019, the vigilance bureau told the trial court that the probe had been completed and all challans presented. The court initiated process for trial.
On January 8, 2021, he said that the IPH department turned down the request of the vigilance bureau for “enquiry” under the PC Act. The matter was subsequently placed before the then CM, who also did not accord approval. However, the vigilance bureau reiterated its request upon which the then chief minister asked it to examine the comments by the IPH department and resubmit the same. Instead of coming up with “new evidence” for getting approval, a lookout circular was issued against him.
Taking note of his submissions and the stand taken by the state government, the court has now ordered that no coercive steps be taken to seek his presence and also advised him to come back to India. The court would also examine meaning of words ‘enquiry’, ‘inquiry’ and ‘investigation’ according to the PC Act.
