4 years on, HC orders continuation of stay in Associated Journal Ltd case

More than four years after the trial court proceedings were stayed in a case regarding the allotment of a plot in Panchkula to Associated Journal Limited (AJL), the Punjab and Haryana High Court today directed the continuation of the order till the next date of hearing.

The direction by Justice Tribhuvan Dahiya came on a petition filed against the Central Bureau of Investigation by AJL through senior counsel RS Cheema with advocates Pardeep Singh Punia, Sumanjit Kaur, and Satish Sharma. The CBI was represented by Ravi Kamal Gupta.

Justice Dahiya asserted the application had been filed seeking extension of interim order dated July 1, 2021 — granting stay on proceedings before the trial Court — till the next date of hearing on October 27.

“It has also been pointed out that the stay was operating till March 3. However, due to oversight, it could not be extended while adjourning the matter on August 6 to October 27. In these circumstances, the application is allowed and is directed that the interim order shall remain continue till next date of hearing,” the court added.

The directions in July 2021 came after preliminary hearing on two petitions filed in the matter by former Chief Minister Bhupinder Singh and AJL through counsel Arshdeep Singh Cheema, among others. Hooda had moved the high court challenging Panchkula CBI Special Judge’s order, vide which charges were framed against him and other accused.

Among other things, Hooda had sought directions for setting aside the impugned order dated April 16 passed by the Special Judge in FIR registered on April 5, 2017, for cheating and criminal conspiracy under Sections 120-B and 420 of the IPC, besides the Prevention of Corruption Act.

Directions were sought to acquit Hooda of all the charges levelled against him, in the “interest of justice”. Stay on proceeding of the case before the CBI Special Judge, during the pendency of the present criminal revision petition, was also sought.

The controversy revolves around institutional plot number C-17 in Sector 6, Panchkula. Allotted by HUDA to AJL in 1982, it was taken back by in 1992 as construction was not carried out in 10 years. The appeal and revision filed by AJL against resumption of plot were also dismissed by the HUDA Administrator and Haryana’s Financial Commissioner (Town and Country Planning) in 1995 and 1996. However, when Hooda become the Chief Minister in 2005, he allowed the re-allotment of the plot to AJL. An FIR was registered by the state vigilance bureau into the alleged irregularities in the allotment “causing huge financial loss to HUDA”.