HC issues notice to CBI on Hooda’s plea against trial court order
'The decision of the trial court to proceed with framing of chargesheet against accused, except those co-accused qua whom proceedings have been stayed by Supreme Court, is segregation/splitting up of trial
The Punjab and Haryana High Court today put the Central Bureau of India (CBI) on notice on a petition filed by Haryana’s former chief minister Bhupinder Singh Hooda against the special court’s order dismissing his petition for postponement of proceedings. Among other things, he contended that proceeding further in the matter by the trial court would amount to segregation/ splitting up of trial as proceedings against some co-accused had been stayed by the Supreme Court.
Taking up the matter, Justice Tribhuvan Dahiya of the high court also fixed October 16 as the next date of hearing in the matter. In his petition, Hooda submitted that the CBI Special Judge in Panchkula dismissed his application seeking postponement of proceedings and passed an order for framing a formal chargesheet on the next date of hearing in the case registered on September 15, 2015, under the provisions of the IPC and Prevention of Corruption Act.
He added that the case “CBI versus Bhupinder Singh Hooda and others” was pending for October 30 before special court.
“The decision of the trial court to proceed with framing of chargesheet against accused persons, except those co-accused qua whom proceedings have been stayed by Supreme Court, is segregation/splitting up of trial which is clear from the perusal of impugned orders. The segregation/ splitting up on said basis is not permissible in law,” he added.
Hooda was represented by senior advocate RS Cheema, Arshdeep Singh Cheema, Pardeep Singh Poonia and Sumanjit Kaur.
The trial court failed to exercise its jurisdiction and power. The approach of the trial court in this regard is illegal, perverse and cannot be sustained in any circumstances, Hooda added.
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