HC suspends Babla’s sentence

Tribune News Service

Chandigarh, April 19

Holding that the case against senior Congress leader Devinder Singh Babla apparently required “deeper consideration”, the Punjab and Haryana High Court not only admitted his plea against conviction, but also suspended the sentence awarded to him by a lower court in the shed allotment case.

Taking up the matter, Justice Raj Mohan Singh asserted that the allegations of favouring his own persons in the new list by the petitioner appeared to be debatable. This was in view of the approval of the list by a committee. All committee members signed the approved list as a token of confirmation.

“At this stage, without meaning anything on the merits of the case, it appears that the case requires deeper consideration…  The remaining sentence of the petitioner shall remain suspended during the pendency of the present petition… He is ordered to be released on bail, subject to his furnishing adequate bail bonds/surety bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate,” Justice Raj Mohan Singh added.

The Administration had earlier submitted that the circumstances of the case would show that original list was prepared keeping in view 59 displaced persons. A new list was prepared by Babla, though it was approved by committee members comprising IAS officer Prerna Puri and Jujhar Singh.

The case revolves around the allotment of sheds at the Sector 26 grain market in 2009. Babla had moved the High Court seeking suspension of his one-and-a-half-year sentence during the pendency of his revision plea after a lower court convicted him on March 28. The order came on an appeal filed by the Chandigarh Administration against his acquittal for two offences in the judgment pronounced by the trail court in 2014.

Appearing on his behalf, senior advocate Vikram K Chaudhari had contended that testimonies of four prosecution witnesses did not advance the prosecution case. The trial court acquitted the petitioner for cheating and other offences under Sections 420 and 468 of the IPC. However, the conviction was recorded for the offences under Sections 465 and 471 of the IPC and the petitioner was released on probation.

Chaudhari added that the lower appellate court maintained the conviction and also convicted the petitioner for additional offences under Sections 420 and 468 of the IPC, mainly on the inquiry report of PS Shergill, the then Additional Deputy Commissioner, Chandigarh. However, the officer was not examined by the prosecution.

He further contended that the report had not been authenticated by any evidence on record.