In a relief to Congress leader and former Chief Parliamentary Secretary Ram Kishan Fauji, the Supreme Court has quashed the Haryana government’s petition challenging the Punjab and Haryana High Court’s 2015 order in the alleged cash for CLU (change of land use) case.
Story continues below this ad
In this case, an FIR was registered against Fauji under the Prevention of Corruption Act on December 4, 2014, as directed by the Haryana Lokayukta. Lokayukta had earlier ordered registration of a criminal case against him for allegedly demanding Rs 5 crore for land use change permission for a Gurgaon property in September 2013. However, in February 2015, a bench of the Punjab and Haryana High Court quashed Lokayukta’s order.
After disposing of the appeal filed by the Haryana government challenging the Supreme Court order, the apex court bench comprising Justices Sanjay Karol and Nongmikapam Koteswar Singh on November 3 ruled as follows: “After hearing the learned counsel for the parties and perusing the material available on record, we have observed that the incident relates to the year 2013, and in view of the issue in question, on which we need not expand, the present appeal is dismissed, leaving open the question of law.”
Story continues below this ad
The case relates to a CD released by leaders of India’s National Lok Dal in September 2013, which allegedly shows Fauji seeking Rs 5 crore for land use change permission. On February 27, 2015, a single-judge bench of the Supreme Court set aside the January 2014 Lokayukta order after finding the CD to be “inauthentic”. The single judge said that there was no reliable information about bribery and therefore, Lokayukta was not competent to give directions to register the complaint.
The Haryana government later challenged the order, arguing that the single judge “erred in law while deciding the disputed question of facts in jurisdiction” and further alleged that the judge erred in not relying on the report of the Central Forensic Science Laboratory, Chandigarh. In December 2015, a division bench of the Supreme Court stayed the single judge’s decision and in May 2016 ordered the formation of a special investigation team to investigate the case. Fujii appealed the order to the Supreme Court, which in 2017 overturned the district court’s ruling and gave the state the freedom to appeal the single-judge order. The Haryana government subsequently filed an appeal against the order, which was decided by the Supreme Court on November 3.
© Indian Express Private Limited
