Punjab and Haryana HC tells developer not to transfer assets, says delay in arrest shocking

The Punjab and Haryana High Court has directed developer Jarnail Singh Bajwa not to transfer, sell or dispose of any of the properties mentioned in an affidavit furnished before the Bench. The order will remain in operation, at least, till the next date of hearing on September 25.

The direction came as Justice Sandeep Moudgil of the High Court took note of the “gravity and sensitivity” of the matter. The Bench, during the course of hearing, also rapped law enforcement agencies for its inefficiency.

Justice Moudgil said the court was “amazed to see shocking approach of law enforcing agency”. An FIR registered at a police station in Kharar in October 2008 was pending investigation without his arrest for more than 16 years. In another matter, his arrest was awaited for seven years. “In total, five such cases came to light where arrest of the respondent is yet to be effected,” the court observed.

Justice Moudgil also took note of Bajwa’s failure to provide complete property specifications and full details of his movable assets, including luxury cars. “The movable assets have been found to be including nine luxury cars of which registration numbers have not been mentioned and Rs 10,00,000 has been shown as cash in hand. The respondent has not furnished complete details of movable assets, which by all means should include bank account details along with fixed deposits policies etc. wherein, he might have invested money earned after duping hundreds of home seekers,” Justice Moudgil observed.

The directions came on a petition filed by Kuldeepak Mittal against the State of Punjab and other respondents. Among other things, the petitioner contended the bail granted to Bajwa was cancelled by the High Court vide order dated October 20, 2023. But action to arrest him had so far not been initiated.

His counsel contended the reasons behind inaction on the part of official respondents, particularly Mohali Senior Superintendent of Police and Kharar SHO, was that Bajwa was a well-known developer, chairman and managing director of Bajwa Developers Ltd.