High Court Dismisses CBI Charges Against Former Haryana CM and AJL
In a significant legal development, the Punjab and Haryana High Court on Wednesday set aside corruption charges against former Haryana Chief Minister Bhupinder Singh Hooda and the Gandhi family's Associated Journals Ltd (AJL). The case pertained to alleged irregularities in the re-allotment of a plot in Panchkula, with the court ruling that the evidence presented did not substantiate the accusations.
Court's Ruling and Observations
Justice Tribhuwan Dahiya, in his detailed order, stated that the material on record failed to disclose the essential ingredients of the alleged offences. The impugned orders, dated April 16, 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 order read. The court allowed petitions filed by Hooda and AJL seeking to quash the charges framed by a special CBI judge in Panchkula.
Justice Dahiya emphasized that decisions made by the Haryana Urban Development Authority (HUDA) cannot be deemed inconsequential or fake based on subsequent statements by its members. The order highlighted that it is manifestly illegal and defies all logic to challenge such ratified decisions retrospectively. Furthermore, the court raised doubts about the CBI's investigation, noting that only Hooda was chargesheeted while other HUDA members who concurred with the decision were ignored, suggesting potential ulterior motives.
Background of the Case
The controversy centered on the re-allotment of Institutional Plot No. C-17 in Sector 6, Panchkula, in 2005. Originally allotted to AJL in 1982 for establishing an office for the Daily National Herald, the plot was resumed by HUDA in 1992 due to non-completion of construction within the stipulated timeframe. After multiple unsuccessful appeals, the plot was re-allotted to AJL in 2005, shortly after Hooda assumed office as Chief Minister and Chairman of HUDA.
The CBI alleged that this re-allotment at 1982 rates, plus interest, constituted a camouflage aid causing a loss exceeding Rs 60 lakh to the state exchequer. In December 2018, the CBI filed a chargesheet against Hooda, Moti Lal Vora, and AJL for illegal re-allotment, with Vora passing away in December 2020. Charges were framed in April 2021 under IPC sections 120B and 420, along with sections of the Prevention of Corruption Act.
Defense Arguments and High Court's Findings
Hooda's defense argued that restoration of the plot implied rehabilitating the status quo ante, and it was within HUDA's authority to determine the price. They highlighted that Hooda had, in May 2005, requested senior functionaries to consider allotment at current rates, and policy allowed for cost-based allotment of non-commercial institutional plots. The defense also pointed out that the special CBI judge had improperly deferred relevant questions to the trial stage.
The High Court noted that the re-allotment was unanimously ratified by HUDA in 2006 and never reviewed or declared illegal by any court. Government auditors had withdrawn initial objections after the state explained the re-allotment served public interest. The court concluded that Hooda acted independently, and differing from officer opinions or guidelines does not inherently indicate dishonest intention, thereby invalidating the basis for corruption charges.
