Manesar: CBI court admits perjury plea

Naveen S Garewal

Tribune News Service

Chandigarh, February 21

The Manesar land case has again taken a new twist with the court of the Special CBI Judge in Panchkula ordering the registration of a complaint that alleges perjury against the complainants who had got an FIR registered that led to handing over of the case to the CBI. The CBI has since filed a charge sheet against former Chief Minister Bhupinder Singh Hooda and 33 others.

In the complaint registered by the Panchkula CBI court on Friday last, it was alleged that those who got the FIR registered never sold their land during acquisition proceedings and the FIR and subsequent filing of charge sheet amounted to perjury and contempt of court.

The complainants in the FIR had alleged that they were forced to sell 400 acres at a throwaway price over a decade ago when the then Congress government initiated acquisition proceedings under the Land Acquisition Act.

The CBI was handed over the Manesar land deal case by Manohal Lal Khattar government after Om Parkash and Naresh Kumar got an FIR registered at the Manesar police station on August 12, 2015. They alleged that they and several other villagers were forced to sell land very cheap after a notice under Sections 4 and 6 of the Land Acquisition Act was issued.

They alleged that the notices were issued at the behest of certain builders, politicians and bureaucrats as part of a conspiracy. The acquisition process was later dropped, causing them huge financial loss.

Ravinder Kumar, the complainant in the CBI court, had impleaded Om Parkash and Naresh Kumar (who got FIR registered), the SP, CBI, investigating officer of the CBI and the then Additional Chief Secretary, Home Department, accusing them of hatching a criminal conspiracy for registration of a false FIR and baseless charge sheet.

A similar complaint had been filed before the CBI charge sheet was filed, but it was disposed of by the CBI court saying it was premature as the charge sheet was yet to be filed. Now the same allegations of filing a false FIR had been pressed in view of filing of charge sheet by the CBI.

Interestingly, the charge sheet filed by the CBI did not find mention of a High Court judgment that dismissed the charges of the complainant (Om Parkash), levelling the same allegations as in the FIR.

The complaint of perjury and contempt of court was taken up by Special Judge Jagdeep Singh. In the complaint, it had been alleged that those who got the FIR registered never sold any land between 2004 and 2007, as claimed in the FIR.

The registration of the FIR and subsequent charge sheet filed by the CBI invited action under Sections 340 and 190 of the CrPC for initiating perjury proceedings as well as criminal contempt for making “patently false, palpable and sheer contradictory allegations to a speaking verdict of the Punjab and Haryana High Court”.

On August 15, 2015, the BJP government handed over a case pertaining to sale of private land in Manesar, Gurugram, to the CBI, completing all formalities in less than 48 hours after registering an FIR. The Congress had alleged political vendetta.

The CBI was handed over investigation into the matter that had already been decided by the High Court and was pending in the Supreme Court since April 12, 2017.

After the conclusion of final arguments, Haryana had filed an affidavit in the Supreme Court in June 2017, admitting that no licence was issued to anyone before dropping of acquisition proceedings, the premise on which the arguments were held and judgment reserved on April 12, 2017.

It had been contended that Om Parkash, who lost his case on merit in the High Court, concealed this vital information while getting an FIR registered at the police station in Manesar in 2015.

The High Court had clearly observed in 2014 that Om Parkash sold his land and entered into a collaboration agreement with a private builder only in 2008 after dropping of land acquisition proceedings, which were in operation only between 2004 and 2007. The Special CBI Judge fixed hearing for preliminary evidence on March 6.

Under scanner 

In the complaint registered by the Panchkula CBI court on Friday last, it was alleged that those who got the FIR registered never sold their land during acquisition proceedings and the FIR and subsequent filing of charge sheet amounted to perjury and contempt of court.