SC refuses to take up plea, asks Haryana ex-MLA to surrender today

Refusing to entertain his petition against a Punjab and Haryana High Court order, the Supreme Court on Friday asked former Congress MLA from Haryana Dharam Singh Chhoker to surrender on July 12 in connection with a Rs 1,500-crore money laundering case.

Arrested by the Enforcement Directorate on May 4 from a five-star hotel in New Delhi, Chhoker claimed that he was subjected to physical assault during the arrest. The high court had granted him interim bail last month to undergo a surgery at a hospital of his choice.

Terming the bail as a "one-time measure", the high court had, however, on June 19, ordered him to surrender before the jail authorities by 5 pm on July 12.

On behalf of Chhoker, senior lawyer Ashok Aggarwal told a Bench of Justices Rajesh Bindal and R Mahadevan that the high court erred in not extending the time to surrender for the ex-MLA. "The petitioner, a senior citizen and political adversary of the ruling dispensation in the state of Haryana, has been arrested by the Enforcement Directorate in complete violation of the mandate of Article 21 of the Constitution, without following due process of law," he contended.

"His case fell within the exception under the first proviso to Section 45(1) of the PMLA (being 'sick or infirm'), there was no justification in limiting the grant of interim bail till July 12, and imposing an arbitrary embargo that it be treated as a 'one-time measure'. Such a condition is ex-facie unreasonable and constitutionally impermissible," Aggarwal said.

The petitioner claimed that the high court had recorded that he received injuries, including a fractured hand, during the arrest.

The top court, however, asked Chhoker to surrender first. As the Bench was not inclined to entertain the former MLA’s plea, his counsel chose to withdraw the petition.