SP MP Zia Ur Rahman Barq Gets Relief In Rs 1.91 Crore Power Theft Case
Terming the fine arbitrary and unjust, the Prayagraj High Court ordered the restoration of the MP's power connection and directed the power department to file a reply within three weeks.
Samajwadi Party MP Zia ur Rahman Barq on Friday received a relief from the Prayagraj High Court in the the power theft case. The Uttar Pradesh Power Department fined Barq Rs 1.91 crore in December last year following a police investigation at his residence in Sambhal's Deepa Sarai area in connection with the alleged power theft.
Terming the 12-year-old assessment and fine arbitrary and unjust, the court ordered the restoration of the MP's power connection and directed the electricity department to file a reply within three weeks, calling its action incorrect.
"Submission is that even if the inspection report and adverse facts allegedly found therein are accepted, no jurisdiction arose with the respondent authorities to make assessment for a period of 12 years. The maximum period for which assessment may have been made, could not exceed one year," the court's order read.
"By breaching the statutory period of assessment, wholly unnatural and arbitrary demand of Rs.1 crore 91 lacs has been raised. The petitioner cannot be made to deposit 50% of such illegal demand to maintain an appeal," it added.
What Was The Power Theft Case?
Electricity department officials conducted a raid last year at the home of Barq following suspicions of tampering with the electricity meters installed on the premises. During the inspection, discrepancies were discovered in two meters at the location.
Despite the use of electrical devices such as air conditioners and ceiling fans in the household, the electricity bill for the entire previous year reflected no consumption. These findings were acknowledged by the Sub-Divisional Officer of the power department, who, however, declined to issue a statement pending the completion of the investigation.
The department had also replaced the meters in question and had forwarded them for laboratory testing. Meanwhile, Barq's legal representative maintained that the family had paid the minimum rate as calculated by the department.
In a related development, local police filed a First Information Report against Barq's father, Mamluk Ur Rehman Barq, based on allegations of intimidating power department officials during their visit. The FIR was registered at Nakhasa police station cites under Sections 352, 351(2), and 132 of the Bharatiya Nyaya Sanhita.
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