Court stays proceedings against Haryana ex-CM Bhupinder Singh Hooda, 21 others in industrial plot allotment case

Tribune News Service

Bhartesh Singh Thakur

Chandigarh, June 20

A Special Court under the Prevention of Money Laundering Act (PMLA) in Panchkula has stayed proceedings in an industrial plot allotment case filed by the ED against former CM Bhupinder Singh Hooda and 21 others until the CBI submits its final report.

The case pertains to allotment of 14 industrial plots in Panchkula in 2011-12 allegedly at rates lower than the market price.

After the BJP came to power in the state, the State Vigilance Bureau had registered a case in the alleged irregularities on December 19, 2015.

The case was later transferred to the CBI, which registered an FIR on May 19, 2016. Based on the CBI’s FIR, the ED registered an Enforcement Case Information Report (ECIR) and filed a prosecution complaint against all the accused on February 15, 2021. However, the CBI has not filed any final challan in the case.

Advocates Sameer Sethi and Abhishek Singh Rana moved applications on behalf of accused Pardeep Kumar, M/S Chandigarh Softech Private Limited, and Kanwar Preet Singh Sandhu respectively, seeking a stay on the ED case proceedings.

Special Judge PMLA Rajeev Goyal observed that on August 17, 2021, the court had directed the CBI’s Investigating Officer (IO) to bring the complete challan. On August 19, 2021, the IO produced some documents. On October 4, 2022, CBI’s DSP PK Srivastava informed the court that the final report had been submitted for administrative approval by SP Suman Kumar.

On October 31, 2022, SP Suman Kumar and DSP Srivastava appeared before the court and stated that the final report would be submitted within two months. The case was then adjourned to January 4, 2023, but no report was filed, and the CBI again sought adjournment.

At the next hearing on January 24, 2023, CBI Inspector Ranjeet Singh appeared and requested more time to file the challan. On April 18, 2023, HC Surender Singh of the CBI appeared in person and sought further time to file the final report. The case was adjourned to August 22, 2023, but no one from the CBI showed up.

"As such, no final report in the CBI case concerning the predicate offence has been filed despite assurances given by the CBI on different dates to file at least a supplementary final report, claiming administrative approval was pending. Thus, absolutely nothing has happened so far, which makes it very clear that whatever was stated by the CBI through its officers before this court on multiple occasions regarding the filing of the final report was nothing but a sham to save face, without any intention of filing a final report, let alone a supplementary one," said the court.

While allowing the applications, the Special Judge said, “...it also comes to my mind that if charges are framed and the trial of the present case commences and progresses significantly, but the CBI decides tomorrow to file a cancellation report in the predicate offence, which is ultimately accepted, then the entire exercise aimed at proceeding with the trial will be wasted.”

He added, “Nothing fruitful will emerge except the waste of precious time, energy and resources of the court, which must, in my considered opinion, be preserved and utilised elsewhere to decide many other cases pending in this court."

The court had pronounced the order on May 15 but the detailed order has been made available recently.

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