Chandigarh: In a setback to CBI, Punjab and Haryana high court on Wednesday set aside corruption charges against former Haryana chief minister
Bhupinder Singh Hooda and Gandhi family's Associated Journals Ltd (AJL) regarding alleged irregularities in allotment of plot to AJL in Panchkula.
"The material brought on record does not even prima facie disclose the existence of essential ingredients of the alleged offences against the petitioners, and there is no ground to proceed against them…The impugned orders, dated April 16, 2021, framing charges against the petitioners as well as dismissing the discharge application, are hereby set aside along with all subsequent proceedings arising therefrom, and the petitioners stand discharged," Justice Tribhuwan Dahiya held in his order, while allowing the petitions filed by Hooda and AJL seeking directions to quash the April 16 order passed by special CBI judge Panchkula framing charges against them.
In his detailed order, Justice Dahiya observed that conscious decisions taken by Haryana Urban Development Authority (HUDA) cannot be termed inconsequential and fake based upon subsequent statements of its members who, undisputedly, concurred with it without demur. It is manifestly illegal, and defies all logic, the order said.
"Besides, the fact that CBI has chosen to chargesheet only Bhupinder Singh Hooda, chairman of the authority, by ignoring all other members who ratified the decision, also raises doubts about its bona fides and the nature of investigation carried out. It gives credence to the assertions made by senior advocate R S Cheema that Bhupinder Singh Hooda has been framed in the case for ulterior motives," the judge has observed.
The case
The case centred around the 2005 re-allotment of Institutional Plot No. C-17 in Sector 6, Panchkula. Originally allotted to AJL in 1982 to establish an office for Daily National Herald, the plot was resumed by HUDA in 1992 after the company failed to complete construction within the given timeframe.
Following several failed appeals during previous administrations, the plot was re-allotted to AJL in 2005 shortly after Hooda took office as chief minister and Chairman of HUDA. CBI alleged that this re-allotment at 1982 rates, plus interest, was a "camouflage aid" that caused a loss of over Rs 60 lakh to the state exchequer.
On Dec 1, 2018, CBI filed a chargesheet against Hooda, Moti Lal Vora and AJL in the special CBI court in Panchkula, for alleged illegal re-allotment of land. Vora died on Dec 21, 2020.
In April 2021, the special CBI court framed charges against Hooda and AJL under IPC sections 120B and 420 and sections 13 (I) (d) and 13(2) of Prevention of Corruption Act.
Challenging this, Hooda submitted that regarding the allegation of favouring AJL in restoration of plot, a ‘restoration' would presume the rehabilitation of status quo ante. Hooda's counsel submitted: "It was always open to the authority to decide at what price it was to be restored. It was further specifically raised that as per the discharge application, the policy for allotment of institutional plots of non-commercial nature was based on recovery of cost only. It was highlighted that on May 14, 2005, the petitioner had asked senior functionaries of the authority to consider the possibility of allotment at current rate."
HC was also informed that when these issues were raised before the special CBI judge Panchkula before framing of charges, the judge "repeatedly pushed these directly relevant questions to the stage of trial without any authority of law".
HC's findings
In its order on Wednesday, HC noted that the re-allotment was unanimously ratified ex-post facto by HUDA in 2006, and the decision was never reviewed, recalled, or declared illegal by any court.
Even govt auditors had dropped their initial objections regarding financial loss after the state explained the re-allotment was in "public interest". Hooda had acted independently, and passing an order contrary to officer opinions or guidelines cannot, by itself, be the basis for attributing "dishonest intention", HC held.
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