HC notice to Badal on petition seeking Tota Singh’s removal

Tribune News Service

Chandigarh, November 30

In an embarrassment for the Akali Dal-led Punjab Government, the Punjab and Haryana High Court today issued notice of motion to the State and Chief Minister Parkash Singh Badal on a petition filed in public interest for Agriculture Minister Tota Singh’s removal from the Cabinet for an independent probe into alleged pesticide scandal.

Taking up the petition filed by Sukhjeet Singh of Moga, the Division Bench of Justice Satish Kumar Mittal and Justice Shekher Dhawan also placed Tota Singh on notice. The Bench fixed January 22 as the next date of hearing.

The petitioner claimed a public servant cannot be retained in service after conviction on corruption charges. Similarly, a convict in a corruption case cannot have a right to continue as a Cabinet Minister.

The Chief Minister, as such, should be directed to remove Tota Singh from his Cabinet of Ministers. In case he was not removed from the Cabinet, investigation into insecticides scam should be entrusted to independent agency such as the Central Bureau of Investigation, he argued.

In his petition, former SGPC member Sukhjeet Singh alleged recently a scandal surfaced on purchase of insecticides, which allegedly led to cotton crop damage in Punjab. A Director and two Joint-Directors were nominated as accused. But impartial investigation could not be conducted in the case by the special investigation team of the Punjab Police as long as Tota Singh was a Minister. As such, investigation in the scam was required to be conducted by an independent agency such as the CBI.

The petitioner’s counsel, HC Arora, added that Tota Singh was convicted on May 5, 2012, on the allegations of corruption in a case pertaining to misuse of a car belonging to the Punjab School Education Board. He was sentenced to one year rigorous imprisonment. Subsequently, the remaining period of sentence was suspended by the High Court and he was released on bail.

Tota Singh resigned from the Cabinet on his conviction, but was taken back as a Cabinet Minister. Arora added Tota Singh was also facing allegations of forgery and fabrication of documents relating to recruitment of 138 clerks in the Punjab School Education Board. The prosecution had filed an application for withdrawing the case against him. But it was rejected by Mohali Special Court in November 2013. The prosecution was, as such, allegedly helping him out. The prosecution witnesses too were turning hostile in that case as he was presently a Cabinet Minister.

Responding to queries by the court, Arora submitted conviction does not lose its significance, if mandate is given in favour of a convicted or tainted person in election. There was no material change in circumstances after Tota Singh resigned in May 2012. Only his sentence had been suspended.