HC quashes proceedings against Fauji

Tribune News Service

Chandigarh, February 27

Just over a year after Haryana Lokayukta recommended the registration of a case against former Chief Parliamentary Secretary Ram Kishan Fauji, the Punjab and Haryana High Court today quashed the orders. Allowing his petition, Justice K Kannan also quashed subsequent proceedings in pursuance to the Lokayukta’s recommendations. The orders came after forensic emanation could not establish the authenticity of a CD allegedly showing demand of Rs 5 crore for change of land use for a plot along the NH-8 in Gurgaon.

The High Court, on a previous date of hearing, had stayed investigation of corruption case against Fauji and had asked the Haryana Government to get forensic examination of a CD conducted from Hyderabad-based central forensic laboratory.

Justice Kannan had also directed the state authorities to send a messenger, along with the CD samples, to Hyderabad to avoid delay.

His counsel senior advocate Rajiv Atma Ram and Abhishek Arora have all along been arguing that the CD was doctored. Reference was also made during the course of hearing to a report by a Bangalore laboratory, which suggested that the CD was not authentic.

The Court was also told that the compact disc was required to be matched with the microchip of the CD recorder for proving its authenticity. It was added that a photograph had little evidential value till it was matched with its negative to prove its originality. Similarly, it was essential to compare the CD with the microchip in the recording instrument to prove that the disc was not tampered with and the photographs were not morphed.

Facing allegations of corruption, Fauji had moved the High court against the Haryana Lokayukta’s order to register a case against him. The matter was referred to the Lokayukta for probe by the state government, allegedly under pressure of the Opposition then.

Soon after the directives, the Chief Secretary had sent a reference to the Lokayukta for reconsideration of the matter on the ground that his observations were “at variance” with the findings. But, on February 11 last year, the Lokayukta dismissed the state’s application.