A particular CBI court docket, whereas framing the fees in opposition to Haryana’s former chief minister Bhupinder Singh Hooda within the Associated Journals Limited (AJL) plot allotment case, has noticed “grave suspicion, prima facie dishonest intention and sufficient ground” in opposition to Hooda for framing the fees. While the order had been reserved on April 16 within the matter, an in depth copy of the identical was solely made out there Monday.
Framing the fees beneath sections 420 (dishonest) and 120-B (occasion to legal conspiracy) of the Indian Penal Code and beneath Section 13(1)(d) of the Prevention of Corruption Act, the order learn, “The allegations made against the accused are specific not only against him but also against accused AJL… If I discuss the statements of prosecution witnesses coupled with the documents relied upon by the CBI, it cannot be presumed that there is no case at all to proceed. Further, the positive and negative facts, in conjunction with other subsidiary facts, appearing expressly or by implication, from the materials which were before this court at this stage are, at least, sufficient to show that there are grounds for presuming that the accused has committed offences under Sections 120B, 420 IPC and Sections 13(1)(d) r/w 13(2)of the PC Act.”
The counsel for accused, advocate R S Cheema, had submitted within the court docket that call for restoration of the mentioned plot was taken bonafidely and falls inside the 4 corners of regulation.
The court docket order citing cases of prima facie guilt on a part of the accused, noticed that regardless of a number of corresponding letters between HUDA and AJL chairman for revision of allotment being issued until 1995 requesting for restoration of mentioned institutional plot, the allotment was canceled and attraction for restoration denied as a result of non-construction on the plot inside the stipulated interval of two years and a delay in development for over 12 years from the time of allotment in 1982.
Abid Hussain, the then chairman, AJL, had additionally written letters in 1997 and 1998 to Bansi Lal, the then chief minister of Haryana, requesting restoration of mentioned institutional plot to the corporate. However, Bansi Lal had dismissed the request citing non-construction within the plot inside the stipulated interval and had canceled the allotment, the attraction for restoration and revision petition made by the corporate.
“It is interesting to mention that there was no written correspondence carried out by accused AJL either with chairman, HUDA authorities from 1998 to 2005 pertaining to restoration of the said institutional plot. Suddenly, the circumstances changed and accused Bhupinder Singh Hooda had become chief minister of Haryana in March, 2005 and it was after a gap of 7 years that a letter dated April 7, 2005, was written by accused Moti Lal Vora (now deceased), as chairman AJL to accused Hooda, the then chief minister,” the court docket has noticed.
As per the order copy, Hooda handed an “illegal order” dated August 28, 2005, even if the officers of HUDA, the then Legal Remembrancer, Haryana, and the FCTCP had unanimously really helpful that the plot in query not be re-allotted to AJL with out publishing contemporary commercial of mentioned plot at present charge of Rs 3200 per sq. yards. Hooda nonetheless allotted the land to AJL for operating their Hindi-daily ‘Navjivan’ at a value settled in 1982 at Rs 91 per sq. yards.
“Hooda, the then CM, Haryana/chairman, HUDA by misusing his official position as CM in conspiracy with accused Motilal Vora (now deceased), chairman, AJL and accused AJL, appears to have committed criminal misconduct and dishonestly cheated Government of Haryana by re-allotting the institutional plot at old rates as applicable in 1982 by flouting the laid down policies of HUDA and caused wrongful gain of Rs 67,65,002/- to accused AJL and corresponding wrongful loss to the Government exchequer,” the only bench noticed.
