The Punjab and Haryana High Court has stayed further proceedings in a corruption case against Sandeep Singh Sandhu, a former Officer on Special Duty to ex-Punjab chief minister Captain Amarinder Singh, and other petitioners in connection with an alleged Rs 65 lakh streetlight scam.
Granting interim relief, the High Court ordered that further proceedings arising from the impugned FIR and related orders would remain stayed against the petitioners. The court took note of their contention that the allegations had effectively been prejudged, adversely affecting their right to defend themselves.
Proceedings stayed
The case concerns allegations of embezzlement involving approximately Rs 65 lakh sanctioned for installing streetlights in a number of villages during 2021 and 2022.
Sandhu and the other petitioners approached the High Court challenging the proceedings against them. Their counsel argued that the manner in which the case had progressed had resulted in the allegations being treated as established even before adjudication.
The High Court recorded the petitioners’ grievance that “the allegations are prejudged and have grossly affected/prejudiced the right of defence”.
It subsequently ordered that “the further proceedings in pursuance to the impugned FIR/orders in question shall remain stayed qua the petitioners”.
The stay is interim relief and does not amount to the High Court either accepting or rejecting the corruption allegations on their merits.
Rs 65 lakh allegations
The underlying case relates to funds earmarked for streetlights in villages during the previous Congress government’s tenure.
Investigators had alleged irregularities in the utilisation of approximately Rs 65 lakh allocated for the project. Sandhu, who served as an OSD to Amarinder when he was Punjab chief minister, was subsequently brought within the ambit of the investigation.
The petitioners have challenged the allegations and the proceedings against them. They have also raised questions over the timing and circumstances in which the criminal case was initiated.
Their petitions contended that the FIR followed the change of government in Punjab in 2022, when the Aam Aadmi Party replaced the Congress in power. The contention regarding political circumstances surrounding the case is the petitioners’ argument and has not been established as a judicial finding.
Amarinder tenure
Amarinder served as Punjab chief minister from March 2017 until September 18, 2021. He resigned following a prolonged leadership dispute within the Congress and was succeeded by Charanjit Singh Channi.
Amarinder subsequently quit the Congress and formed the Punjab Lok Congress ahead of the 2022 Assembly elections. His party failed to win a seat in those polls, which brought the AAP to power with a large majority.
In September 2022, Amarinder merged the Punjab Lok Congress with the Bharatiya Janata Party and joined the BJP.
Sandhu had served in Amarinder’s establishment during his tenure as chief minister. The High Court proceedings concern the criminal case against Sandhu and the other petitioners rather than Amarinder himself.
Relief limited to petitioners
The High Court’s order specifically stays further proceedings against the petitioners before it. It does not amount to quashing the FIR or terminating the underlying investigation in its entirety.
The allegations of embezzlement also remain unproven and will be subject to further judicial proceedings. The interim order principally protects the petitioners from further proceedings under the challenged FIR and orders while their legal challenge is considered.
The case will now remain subject to further orders of the Punjab and Haryana High Court, which will examine the petitioners’ challenge before determining whether the proceedings can ultimately continue.