Manesar case: Former IAS officer’s plea for quashing case dismissed

Tribune News Service

Chandigarh, January 22

The Punjab and Haryana High Court on Tuesday dismissed a plea filed by former Haryana IASofficer ML Tayal, an accused in the Manesar land acquisition case. He was seeking the quashing of an FIR registered against him by the CBI.

The order by Justice Daya Chaudhary came just over a month after Tayal had filed the plea against the premier investigating agency. The Bench had, on December 21 last year, issued a notice of motion and a notice regarding the stay.

Tayal, in his petition, had sought quashing of cognisance order passed by the trial court against him. His counsel argued that as the Principal Secretary to the Chief Minister, he had no independent powers of his own. The Bench was told he was only required to “assist” the CM in the disposal of the work.

The FIR was registered by the CBI in September 2015. The CBI had subsequently submitted a chargesheet in connection with the matter.

Tayal’s counsel had argued that there was no legal evidence to connect Tayal with the allegations set out in the chargesheet. There was neither direct nor any circumstantial evidence on record to substantiate the complicity of the petitioner in the alleged offences. In any case, there was not even a remote possibility of establishing the petitioner as a co-conspirator with the other accused in the present case, his counsel had said.

It was added that the CBI had filed the chargesheet without obtaining the sanction to prosecute. He referred to the amendment to the Prevention of Corruption Act from July 26, 2018, that necessitated previous sanction for prosecuting a government officer who had retired from service.