HC quashes charges against Hooda, AJL
Chandigarh, Feb. 26 -- The Punjab and Haryana high court on Wednesday quashed criminal charges against former Haryana chief minister Bhupinder Singh Hooda and Associated Journals Limited (AJL), the publisher of National Herald newspaper, in the case of alleged illegal allotment of a plot in Panchkula to AJL.
The alleged offence dates back to 2005, when Congress veteran Hooda was the chief minister. The Haryana vigilance department registered an FIR in the alleged land allotment in May 2016 and the Central Bureau of Investigation (CBI) took over the probe the next year. CBI filed a charge sheet in December 2018 indicting Hooda and AJL and a special CBI court in Panchkula had framed charges against both in 2021 under Section 120-B (criminal conspiracy) and 420 (cheating) of the Indian Penal Code (IPC) and provisions of the Prevention of Corruption Act.
".it is apparent that 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. Continuation of prosecution will be an abuse of the process of Court," justice Tribhuvan Dahiya noted, allowing petitions from AJL and Hooda.
"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," the court said.
According to CBI, a 3,360 square metre institutional plot (C-17) in Sector 6, Panchkula, was allotted by Haryana Urban Development Authority (HUDA) to AJL in 1982, but because the construction was not carried in 10 years, it was taken back in 1992. In 1995 and 1996, appeals and revisions were filed by AJL against resumption of the plot, but these were also dismissed by the HUDA administrator and Haryana's financial commissioner, town and country planning.
However, when Hooda became the chief minister in 2005, he allowed the re-allotment of the plot to AJL on old rates. Thus, causing financial loss to the public exchequer.
The court observed that without examining the material facts to ascertain whether ingredients of the alleged offences can be said to have been prima facie made out against the petitioners, charges have been framed. The dishonest intention of Hooda has been inferred from the fact that he has passed the order in violation of the policy/guidelines/notings/opinions/recommendations of officers, and by ignoring the facts on record.
"..passing an order against the policies, guidelines or opinions and in ignorance of any fact cannot be a basis to attribute dishonest intention to the accused," the court noted. It further said it cannot be said that Hooda has misused his position as a public servant, as the order passed by him to re-allot the plot has been ratified by the authority unanimously, and the decision has been duly implemented....
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