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HC quashes cognisance order against Bharat Bhushan Ashu in money-laundering case

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The Punjab and Haryana High Court has quashed the October 19, 2024, order taking cognisance of the Enforcement Directorate’s (ED) complaint against former Punjab minister Bharat Bhushan Ashu in a money-laundering case, holding that cognisance had been taken without affording the accused an opportunity of hearing as required under the BNSS.Justice Aman Chaudhary passed the order while allowing petition filed through counsel Nikhil Ghai. At the onset, Ghai’s counsel submitted that cognisance of the complaint had been taken without affording him an opportunity of hearing and was, thus, in non-compliance with Section 223(1) BNSS. Reliance was placed on a Supreme Court judgment.Justice Chaudhary noted: “The counsel for the petitioner submits that the cognisance of the complaint was taken, without affording any opportunity of hearing and is thus non-complaint of Section 223(1) BNSS, for which reliance is placed on the judgment of the Supreme Court in Parvinder Singh vs. Directorate of Enforcement, which the senior counsel, despite best efforts has been unable to rebut and/or draw out any distinctive aspects in the judgment or cite any contrary thereto.”The court thereafter quashed the impugned order and subsequent proceedings qua the petitioner. “The impugned order dated October 19, 2024, and all subsequent proceedings in furtherance thereof are quashed qua the present petitioner, with a direction to the trial court to decide the matter afresh, complying with the procedure envisaged under Sub Section (1) of Section 223 BNSS, preferably within a period of three months from the date next fixed before it.”

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