AJL re-allotment case: Enough material to take cognisance against Hooda, says CBI court

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By LE Desk

Panchkula, April 19: Stating that it has enough materials to presume that former Haryana chief minister Bhupinder Singh Hooda has committed offences, the special court of Central Bureau of Investigation (CBI), Haryana, has ordered framing of charges against him in the alleged illegal allotment of a plot in Panchkula to Associated Journal Limited (AJL), the publisher of National Herald newspaper.

The court dismissed an application filed by Hooda, seeking discharge and said that the allegations are “specific”. 

“Whether or not those allegations are true, is a matter which cannot be determined at the stage of framing of charges. Any such determination can take place only at the conclusion of the trial,” special judge, CBI court, Sushil Kumar Garg said. On Friday, the court had framed charges against Hooda and AJL, the Hindustan Times reported.

The FIR was registered in 2016 during the BJP’s regime for the alleged offences in 2005 when the Congress leader was the chief minister. According to the CBI, a 3,360 square metres institutional plot (C-17) in Sector 6, Panchkula, was allotted by Haryana Urban Development Authority (HUDA) to AJL in 1982, but because construction was not carried out in 10 years, it was taken back in 1992. In 1995 and 1996, appeal and revisions were filed by AJL against resumption of the plot, but these were also dismissed by the HUDA administrator and Haryana’s financial commissioner, town and country planning. However, when Hooda became the chief minister in 2005, he allowed the re-allotment of the plot to AJL on old rates, allegedly causing of loss of ₹62 lakh to the government exchequer.

Hooda had argued that the CBI had failed to show any “dishonest intention” on his part and that re-allotment of the plot can be treated as an “error of judgment” which may be a civil claim. However, the court said that the argument has no force because “dishonest intention” of Hooda cannot be gathered from “the vacuum”, but from the facts and circumstances of the case. It took note of public prosecutor KP Singh’s argument that Hooda had full knowledge of everything but despite it all, he re-allotted the said plot to AJL, which allegedly revealed the dishonest intention on his part.

Hooda had also argued that there is “no conflict of interest” and “no personal or institutional bias” in favour of AJL. “It is crystal clear that both accused belonged to the same party and M/s AJL is also associated with the Congress, one of whose objectives is to promote the party’s ideology,” the court observed, taking note of CBI’s argument that accused Motilal Vora (since deceased) was a veteran politician of the Congress party, which came into power in Haryana in 2005.

“Prima facie sufficient grounds are made out to proceed with the trial against the accused and no ground for discharge is made out,” the court said.

https://www.hindustantimes.com/cities/chandigarh-news/ajl-re-allotment-case-enough-material-to-take-cognisance-against-hooda-cbi-court-101618864953486.html

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