Manesar land scam investigation ‘a classic case of pick and choose’: Court

Bhartesh Singh Thakur

Tribune News Service

Chandigarh, December 4

CBI Special Judge Jagdeep Singh has termed the investigation in Manesar land scam as “a classic example of pick and choose” as some accused have been left out.

While calling five more people as additional accused in the case, including present Home Secretary Rajeev Arora and former Director Industries DR Dhinga, who were left out by the Investigating Officer (IO) in the chargesheet, the court observed that reasons could be two-fold: “The IO was either adamant to extend benefit to the persons arrayed as accused or to extend benefit to the persons against whom there are clear cut and prima facie circumstances but have not been arraigned as accused”.

The alleged scam pertains to purchasing land from farmers at meagre rates and then earning profits by getting it released in connivance with bureaucracy and politicians.

In its detailed order, the Court observed: “The IO has sought to introduce narrative which on the face of it gets contradicted vide documents/material on record.”

The Court further said that the IO had chosen “to turn a blind eye to the role of some important public servants whose acts and omissions can be prima facie termed to be more culpable than the persons arrayed as accused in this case”.

The Court observed: “Such isolated instances are enough to bring the sobriquet of ‘caged parrot’ to the agency.”

In case of Arora, the Court said that for want of prosecution sanction, there was no bar on prosecuting him for criminal conspiracy read with cheating.

It directed the CBI to place the entire incriminating material against him before the state government for the sanction for trial against him under the Prevention of Corruption Act.

Arora was MD, Haryana State Industrial and Infrastructure Development Corporation (HSIIDC), when land release orders were issued.

The Court said that the conclusion drawn by the IO regarding deferment of announcement of award by the HSIIDC on the basis of letter dated June 20, 2007 of Town and Country Planning Department (TCPD), was clearly against the documents on record and “it apparently seems that the IO has chosen to turn Nelson’s eye to the actual state of affairs”.

It concluded that Chief Town Planner, HSIIDC, Surjit Singh and MD, HSIIDC, Rajeev Arora “had taken a decision on their own to defer the award”.

“…facts apparent on record, which clearly reflect that through a devious design the office of MD, HSIIDC, and   Director, Industries and Commerce, made every attempt to delay the announcement of award which could ultimately lead to its final abandonment,” the Court observed.

The IO, meanwhile, claimed that the HSIIDC and Industries Department made strenuous efforts for announcement of the award.

The Court said that “a prima facie case for framing   charges against” accused former Chief Minister Bhupinder Singh Hooda and 32 others, including his three former Principal Secretaries – ML Tayal, Chattar Singh and SS Dhillon, for criminal conspiracy, cheating is made out.