AJL case: HC order continuation of stay on trial court proceedings

Tribune News Service

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Chandigarh, September 7

Just about two months after the trial court proceedings against Haryana’s former Chief Minister Bhupinder Singh Hooda and Associated Journal Limited (AJL) was stayed in a case regarding allotment of a plot in Panchkula to the AJL, the Punjab and Haryana High Court on Monday ordered the continuation of the interim orders.

The direction came after the Bench, hearing the matter in physical mode, was told that senior advocate Kapil Sibal appearing for the petitioners was unable to attend the court “owing to his age”.

A request was also made to post the matter for virtual hearing. The petitioners were represented by senior advocate RS Cheema, Arshdeep Cheema with Sumanjit Kaur and Tarannum Cheema, along with counsel Pradeep Poonia.

Opposing the prayer, senor advocate Sumeet Goel on the CBI’s behalf submitted an interim order was operating in the petitioners’ favour since July 1. Justice GS Sandhawalia asserted it was not disputed that the proceedings on an earlier occasion were heard virtually. It was the first day when the matters were put up for physical hearing following demand by the Bar. In such circumstances, the request for accommodation came forth as the senior counsel was based in Delhi. As such, it was not possible for him to appear on account of sudden change in the hearing from virtual to physical mode.

The Bench added otherwise also the court was of the opinion that the stay order was only passed on July 1 and the contentions of the counsel for the petitioners, running into more than 16 pages, were noticed by a coordinate Bench. If the order was vacated, it would render the main petition infructuous since it was challenging the framing of the charge.

“In such circumstances, the proceedings are deferred for September 20. It is further made clear that since the Roster has yet not been finalized for the said date, if this Court is sitting by way of physical mode, the matter would be taken up on September 21… Interim order to continue,” the Bench added.

Hooda had moved the High Court challenging Panchkula CBU 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 Indian Penal Code, besides of Prevention of Corruption Act.