SC stays trial against former Hry IAS officer
Chandigarh, June 7 -- The Supreme Court has stayed trial proceedings against former Haryana IAS officer, Rajeev Arora in the Manesar land deal, investigated by the Central Bureau of Investigation (CBI).
The former IAS officer had petitioned the apex court after his revision petition challenging his summoning by a special CBI court was dismissed by the Punjab and Haryana high court on May 15.
A special CBI court had on December 1, 2020 ordered that the former IAS officer be summoned to face trial for committing offence under section 120-B read with 420 of the Indian Penal Code (IPC) in the Manesar land matter.
However, on a revision petition filed by Arora, the Punjab and Haryana high court on December 14, 2020 had stayed the operation and implementation of the order of the special CBI court.
Rejecting the challenge to the special CBI court's December 1, 2020 order, the HC on May 15 said it found no illegality or infirmity in the order passed by learned special CBI court in summoning the petitioners.
An apex court bench headed by chief justice BR Gavai, however, on May 29 ordered that notice be issued to the respondents and "proceedings qua the petitioner (Rajeev Arora) shall stand stayed till the next date of hearing." During the trial court proceedings on Friday, Special CBI judge, Rajeev Goyal while referring to the apex court's order of May 29 ordered that proceedings against all the accused persons except Rajeev Arora shall commence.
The special court in its June 6 order noted that it is, therefore, seen that all the accused except accused Dhare Singh, Kulwant Singh Lamba, DR Dhingra and Rajeev Arora, have been ordered to be charge-sheeted qua the offences as detailed in the order December 1, 2020.
The court said that now arguments need to be advanced on charges in respect of accused Dhare Singh, Kulwant Singh Lamba and DR Dhingra. Learned defence counsels seek time to prepare the arguments. Learned senior public prosecutor Harsh Mohan Singh submits that charge-sheet may kindly be framed against the accused persons who have already been ordered to be charge-sheeted vide order dated December 1,2020.
"I am not able to accept the submission made by the senior public prosecutor as it will not be appropriate to frame charge-sheet before considering the case concerning framing of charges in respect of accused Dhare Singh, Kulwant Singh Lamba and DR Dhingra. In case, the court after hearing contentions of the said accused persons and senior public prosecutor for CBI, concludes that charges are required to be framed against said accused persons as well, then a consolidated charge-sheet qua all the accused persons shall be framed and in my opinion, it will be more appropriate if such a course is adopted, for framing charge-sheet in a piecemeal manner is not desirable. As such, to come up on July 10, 2025 for arguments on charge qua accused Dhare Singh, Kulwant Singh Lamba and DR Dhingra,'' ordered the special court....
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