HC stays CBI trial against ex-CMO in NRHM cases

Lucknow: In a major relief, the Lucknow bench of Allahabad High Court has stayed the ongoing prosecution proceedings pending before the Special Judge (anti-corruption), CBI, Ghaziabad against former chief medical officer (CMO) Dr Anil Kumar Shukla in three separate cases related to the National Rural Health Mission (NRHM).

The bench has directed the CBI to file its reply by May first week.

A bench of Justice Rajeev Singh passed the orders on three separate petitions filed by Dr Shukla under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The cases were registered by the Central Bureau of Investigation (CBI) in New Delhi. The three cases pertained to alleged irregularities in the procurement of medicines and equipment between 2007 and 2009, causing loss to govt exchequer. Chargesheets had already been filed in these matters.

Senior advocate Nandit Srivastava, appearing for the petitioner, submitted that there was no concrete evidence against Dr Shukla. He argued that although a discharge application has been filed before the CBI court, it has not been decided, forcing the petitioner to approach the high court. He also pointed out that the petitioner is of advanced age and is being subjected to unnecessary harassment.

On the other hand, CBI’s special counsel Anurag Kumar Singh raised a preliminary objection, arguing that since the discharge application was pending before the trial court in Ghaziabad , the petitions before the high court were not maintainable.

Rejecting CBI’s objection, the bench observed that the alleged incidents are 17 to 19 years old. In one of the cases, the petitioner had served as CMO for only one-and-a-half days. The bench also noted discrepancies between the chargesheets and the cognizance orders, and observed that in one case, a supplementary chargesheet had been filed without the requisite prosecution sanction.

The bench further observed that such prolonged delay in trial could make it difficult for the accused Dr Shukla to defend himself, particularly considering that he is around 73 years old.