HC denies bail to ED, CBI officers in scholarship scam

The Punjab and Haryana High Court has turned down the regular bail pleas of two senior law enforcement officers Vishal Deep and Balbir Singh in the Himachal Pradesh scholarship scam. Two FIRs under the provisions of Prevention of Corruption Act were registered by the CBI in the matter in December last year.

Justice Manjari Nehru Kaul asserted the court was conscious of the settled principle that bail was the rule and jail exception. But in cases involving public trust, corruption and institutional breach by law enforcing officers, such exceptions were required to be tempered “by the imperative to preserve the integrity of the process and prevent any likelihood of tampering with evidence or witnesses, especially when the complainants are yet to be examined”.

Vishal Deep was Assistant Director, Enforcement Directorate (ED), while Balbir Singh was working as a Deputy Superintendent of Police in the CBI. “In view of the seriousness of the allegations, the nature of evidence collected, the position and influence wielded by the petitioners at the time of the offence in question, and the need to ensure fair trial, this court does not deem it fit to extend the concession of bail to either of the petitioners at this stage. Accordingly, all the petitions are hereby dismissed,” Justice Kaul asserted.

The Bench added it was undisputed that the petitioners, while holding high ranking positions in premier investigating agencies, were alleged to have committed acts amounting to severe abuse of official power. “The allegations against petitioner Vishal Deep of demanding illegal gratification in exchange for manipulating outcome of the investigation and influencing arrests strike at the heart of the institutional integrity.  The evidence on record albeit circumstantial in some parts, paints a detailed picture of a premeditated and well-orchestrated conspiracy,” the court added.

Justice Kaul added the deployment of encrypted messaging application, use of pseudo names, coordination of multiple persons, and “the strategic use of personal and vehicles belonging to family of petitioner-Vishal Deep, for carrying out such operations, prima facie underscore the deliberate and strategically engineered nature of the alleged offence. The fact that the petitioners engaged with the accused persons outside of official channels and created an environment conducive to illegal exchanges — even if some parts of the trap did not materialise into immediate arrest — does not exonerate them at this stage”.

Regarding petitioner Balbir Singh, the Bench added the demand for bribe was not directly attributed to him, but the material gathered during investigation revealed his active involvement in the execution of the conspiracy. “His role went beyond passive facilitation — he allegedly arranged communication, scheduled meetings and strategically planned his absence from official duty to further the illegal agenda,” the Bench added.

Before parting, the Bench asserted the authorities concerned would ensure that petitioner-Balbir Singh was taken to the appropriate medical facility without any delay in case he required immediate medical attention.

“Furthermore, the authorities concerned shall ensure that petitioner Balbir Singh is provided all necessary medical treatment and regular follow-ups as per the recommendation of PGIMER,” the court concluded.

Himachal Tribune