"We deem it proper to set aside the order under appeal and call upon the high court to examine afresh after affording an opportunity to all the parties concerned and dispose it, the apex court observed."
Shimla/Dharamsala, April 25 - Former Himachal Pradesh chief minister Prem Kumar Dhumal and his Lok Sabha member son Anurag Thakur were Friday formally charged in a trial court in Dharamsala with alleged wrongdoing in allotment of land to the state's cricket association for constructing a residential complex for players near its stadium in Dharamsala.

The filing of the chargesheet came barely hours after Himachal Pradesh High Court acting Chief Justice Mansoor Ahmad Mir in Shimla dismissed the Himachal Pradesh Cricket Association's - petition seeking quashing of a First Information Report - against them under the Prevention of Corruption Act.

Official sources said the chargesheet named 16 people as the government was yet to get prosecution sanction for two IAS officers -- Deepak Sanan and Ajay Sharma. Sanan was posted in the revenue department when the land was allotted to the HPCA while Sharma was the state director of Youth Services and Sports.

The state government April 2 got sanction to initiate proceedings against Bharatiya Janata Party - leader Dhumal for allotment of land to the HPCA led by his son, who is also the Board of Control for Cricket in India - joint secretary, during his regime as chief minister -.

Thakur, who is re-contesting the parliamentary election from Hamirpur, said in a statement that the case was politically motivated.

The state Vigilance and Anti-Corruption Bureau had filed a case in August 2013 against the HPCA under sections 406, 420 and 120-B of the Indian Penal Code and section 13 - of the Prevention of Corruption Act of 1988.

Justice Mir reserved the order April 7 after hearing the arguments of both parties -- HPCA and the state. The former pleaded that the FIR was vague, malicious and a result of political vendetta.

During the hearing, counsel for the petitioners said the entire case was politically motivated. Based on a Congress chargesheet, the investigation is monitored by the chief minister and a special investigation team has been asked to submit the report to the chief minister, he contended.

The lodging of the FIR and conducting of investigation at the behest of the chief minister is based on mala fides, counsel said.

The petitioners said the entire exercise was just to take control of HPCA.

Advocate General Shravan Dogra maintained that all the documents, No Objection Certificates and other certificates were obtained fraudulently by HPCA and with a criminal intention. He said the conversion of HPCA from a society to a company was with ulterior motives just to cause wrongful gain to the petitioners and wrongful loss to the state.

Earlier, the high court had indicted the government for forcible eviction of HPCA from its stadia and ordered restoration of possession to it. The court then ordered status quo ante with respect to the cabinet decision over the properties.

The Supreme Court last month asked the high court to reconsider HPCA's plea to implead Chief Minister Virbhadra Singh and others in the case.

A division bench of Justice B.S. Chauhan and Justice J. Chelameswar March 14 set aside the high court Jan 8 order rejecting as misconceived the application of HPCA to implead them in the case.

We deem it proper to set aside the order under appeal and call upon the high court to examine afresh after affording an opportunity to all the parties concerned and dispose it, the apex court observed.

The high court will now hear the petition to implead the chief minister April 29.


comments powered by Disqus
Read more on:
 INDIA (136901 views)
 CRICKET (64210 views)
 INDIAN (47121 views)
 SHIMLA (36141 views)
 APEX COURT (20195 views)
 CHIEF MINISTER (18401 views)
 WHO (19101 views)
 HIMACHAL PRADESH (18191 views)
 CONGRESS (16681 views)
 TEA (14871 views)
 APRIL (14601 views)
 JUSTICE (13301 views)
 HIGH COURT (13221 views)
 DHARAMSALA (10953 views)
 SPORTS (10141 views)
 FIRST INFORMATION REPORT (8331 views)
 HAMIRPUR (8144 views)
 INDIAN PENAL CODE (7891 views)
 CHIEF JUSTICE (7701 views)
 SUPREME COURT (7671 views)
 AJAY (7511 views)
 BMI (7391 views)
 TERI (6581 views)
 AMIR (5691 views)
 ECR (5791 views)
 RTS (6171 views)
 TRIAL COURT (5101 views)
 1988 (4981 views)
 NIST (5711 views)
 ISC (5011 views)
 

PERMALINK

http://www.nerve.in/news:2535002369760
You can quote the permanent link above for a direct link to the story. We do not archive or expire our news stories.


STORY OPTIONS
  Email this story to a friend
  XML feed for India


 
COPYRIGHTS INFORMATION
All rights reserved for news content. Reproduction, storage or redistribution of Nerve content and articles in any medium is strictly prohibited.
Contact Nerve Staff for any feedback, corrections and omissions in news stories.
 

All rights reserved for the news content. Reproduction, storage or redistribution of Nerve content and articles in any medium is strictly prohibited.