Chandigarh, Feb 26 The Punjab and Haryana High Court has set aside criminal charges against former Haryana chief minister Bhupinder Singh Hooda and the Associated Journals Limited in connection with the re-allotment of a plot in Panchkula.
A bench of Justice Tribhuvan Dahiya set aside the April 2021 order of a special CBI court that had framed charges against the accused and dismissed their discharge pleas.
In its ruling, the high court observed that the material placed on record did not even prima facie establish the essential ingredients of the alleged offences against the petitioners. It held that there were no sufficient grounds to proceed against them in the matter.
"Continuation of prosecution will be an abuse of the process of the court. The impugned orders, dated 16.04.2021, 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," according to the February 25 order.
The case pertains to the allotment of a plot in Sector 6, Panchkula, by the Haryana Urban Development Authority (HUDA/Authority), now known as the Haryana Shehri Vikas Pradhikaran, to the AJL IN 1982. The plot was resumed in 1992 after construction was not completed within the stipulated period. The HUDA dismissed AJL's appeals in 1995 and 1996.
After Hooda became the chief minister in 2005, the plot was re-allotted to the AJL at the original rates. During the BJP regime in the state, the state vigilance bureau registered a case in 2016, and it was later taken over by the CBI. It was alleged that the re-allotment of the plot caused financial loss to the public exchequer.
In April 2021, the special CBI court had ordered framing of charges under Sections 120-B (criminal conspiracy) and 420 (cheating) of the Indian Penal Code and provisions of the Prevention of Corruption Act against Hooda and AJL, which is the publisher of National Herald.
Hooda, thereafter, challenged the special CBI court order by approaching the high court.
In its order, the high court observed that a conscious decision taken by the Haryana Urban Development Authority 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. Besides, the fact that the CBI has chosen to chargesheet only 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 the investigation carried out.
"It gives credence to the assertions made by counsel R S Cheema that Hooda has been framed in the case for ulterior motives," the judge observed.
The court observed that the decision of the re-allotment of the plot to the AJL had been unanimously ratified by the authority, and it has not been reviewed or recalled, nor declared illegal by any court of law.
"The allotment is valid as on date, it has also not been cancelled, nor declared illegal or arbitrary. Instead, the AJL, after payment of the re-allotment price as well as the extension fee, has raised construction, and has been given an occupation certificate by the authority on August 14, 2014," according to the order.
No grievance has been raised regarding any loss to the authority; nor has the AJL or any other accused been called upon to make good any perceived harm. Even the government auditors have dropped their objection, read the order.
The court also observed that the FIR in question was lodged by the vigilance based on a source report, and not on a complaint by the authority.
"Ignoring these vital facts of the matter, the CBI has taken upon itself to term the re-allotment illegal, being violative of the 1977 Act, which would, in its view, attract criminal liability under the provisions of the IPC and the PC Act invoked against the petitioners.
"It is unfathomable as to how the investigating agency can consider the re-allotment of the plot unlawful on its own, and proceed to register a criminal case on that basis. This is absolutely illegal, and far from any procedure known to law," as per the order.
The court observed that to fasten criminal liability and frame the charge, there has to be material on record to enable the court to form an opinion as to the existence of the ingredients of the offence alleged.
"In the facts of the case, there is no material to establish any agreement between the accused to intentionally cheat the authority by re-allotting the plot in question.
"Although there has been a request from the AJL seeking restoration of the plot to it, there is no material forthcoming to indicate that it was in concurrence with Hooda to fraudulently or dishonestly get the plot restored at original rates," it said.
