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        PMLA / Black Money

        SC asks former Haryana MLA to surrender back to jail in money laundering case

        July 11, 2025

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        New Delhi, Jul 11 (PTI) The Supreme Court on Friday asked former Congress MLA from Haryana Dharam Singh Chhoker to surrender back to jail on July 12 in connection with an alleged Rs 1500 crore money laundering case as it refused to entertain his plea against an order of the Punjab and Haryana High Court.

        Chhoker, who was arrested by Enforcement Directorate officials on May 4 from a five-star hotel in New Delhi, claimed he was subjected to physical assault during the arrest.

        The Punjab and Haryana High Court granted Chhoker interim bail on medical grounds on June 19, permitting him to undergo surgery at a hospital of his choice.

        However, the court explicitly stated that the bail was a "one-time measure" and ordered him to surrender before jail authorities by 5 PM on July 12.

        A partial working day bench comprising Justices Rajesh Bindal and R Mahadevan, which took up the plea of Chhoker, was urged by senior lawyer Ashok Aggarwal and advocate Ashish Pandey that the high court erred by not extending the time to surrender for the old leader who was assaulted during the arrest.

        They also assailed the high court order which said that the interim bail on medical grounds was a "one time measure".

        "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," Pandey said.

        The plea said the high court, while granting the interim bail on medical grounds on June 19, recorded that Chokker received injuries including a fractured hand during the arrest.

        "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 bench, however, did not agree to the submissions and asked the former MLA to surrender first.

        Sensing the mood of the bench, the lawyers withdrew the petition.

        Chhoker, in his plea, said the high court's rigid limitation on bail duration contradicts its own observations regarding the seriousness of his medical condition and the illegality surrounding his arrest.

        The plea further said that the high court's order effectively denies him adequate opportunity to challenge the legality of his arrest and subsequent remand.

        It also assailed the high court's decision on July 3 to defer the hearing of his main writ petition challenging his arrest until after his surrender.

        Chhoker had initially approached the Supreme Court in May seeking relief, but was advised to move the high court. PTI SJK ZMN

        Interim bail limitation on medical grounds requires surrender after ED arrest; challenge to bail condition was not entertained. The petitioner, arrested by the Enforcement Directorate, received interim bail from the High Court on medical grounds to undergo surgery, expressly as a one time measure with a direction to surrender by a deadline. Counsel argued the petitioner was assaulted during arrest, fell within the medical exception under the Prevention of Money Laundering framework, and that the time limited bail unjustifiably prevented adequate opportunity to challenge arrest and remand; the Supreme Court required surrender and the petition was withdrawn.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Interim bail limitation on medical grounds requires surrender after ED arrest; challenge to bail condition was not entertained.

                                The petitioner, arrested by the Enforcement Directorate, received interim bail from the High Court on medical grounds to undergo surgery, expressly as a one time measure with a direction to surrender by a deadline. Counsel argued the petitioner was assaulted during arrest, fell within the medical exception under the Prevention of Money Laundering framework, and that the time limited bail unjustifiably prevented adequate opportunity to challenge arrest and remand; the Supreme Court required surrender and the petition was withdrawn.





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