‘Indefensible in law’: Punjab & Haryana High Court quashes ED arrest of Congress MLA Surender Panwar in mining case

Panwar was arrested by the ED successful July successful transportation with an amerciable mining case. His counsel argued that the ED had adopted a “pick-and-choose” argumentation successful arresting him contempt determination being aggregate accused successful the case. They contended that the ED’s absorption connected Panwar was politically motivated, fixed that Panwar was a sitting MLA and Assembly elections were forthcoming.

Panwar’s counsel said determination was nary justification for his apprehension arsenic helium had afloat cooperated with the ED, appearing for each summonses.

In response, the ED’s counsel argued that capable evidence, including documents and statements recorded nether conception 50 of the PMLA, established a tenable nexus betwixt Panwar and different co-accused progressive successful amerciable mining activities.

The ED besides defended the timing of the arrest, noting that Panwar was taken into custody connected July 20 and the Assembly elections were notified connected August 1. It further claimed the apprehension was justified based connected grounds of a syndicate generating fake e-rawana bills for amerciable mining, resulting successful important gross nonaccomplishment to the state.

The ED counsel besides submitted that Panwar had received proceeds of transgression worthy astir Rs 26 crore.

Justice Sindhu recovered that the ED’s lawsuit was chiefly based connected allegations of amerciable mining undertaken utilizing fabricated e-rawana bills. He noted that Panwar was not named successful the archetypal 8 FIRs and had not been implicated successful the ninth FIR.

The justice further stated that portion amerciable mining is an offence nether the Mines and Minerals (Development and Regulation) Act 1957, it is not classified arsenic a scheduled offence nether the PMLA, frankincense precluding prosecution connected that basis.

The seat further said the ED should, “instead of meting retired unnecessary harassment”, guarantee just attraction of suspects, successful enactment with Article 21 of the Constitution arsenic good arsenic quality rights standards laid down by the United Nations.

“Directorate of Enforcement shall instrumentality remedial measures and sensitize the officers to travel immoderate tenable clip bounds for probe successful 1 spell against the suspect(s) successful specified cases. To beryllium precise, it would beryllium appreciated if immoderate indispensable mechanics is enactment successful spot for just probe of the accused arsenic per basal quality rights laid down by the United Nations Organization, alternatively of meting retired unnecessary harassment, for specified a longer duration astatine 1 agelong for a fixed day,” the seat said.

The tribunal besides quashed the arrests of co-accused Dilbag Singh and Kulwinder Singh.