No stay on probe in multiple plot case, HC told

Saurabh Malik

Tribune News Service

Chandigarh, December 12

Just about a fortnight after Haryana’s alleged policy decision not to proceed with FIRs registered in multiple plot allotment case came under the judicial scanner with the filing of a plea alleging that the unilateral act was aimed at benefiting a select few, the state has done a turnaround on the issue.

Appearing before the Punjab and Haryana High Court, Haryana Additional Advocate General Pawan Girdhar submitted that “inadvertently and without having proper assistance, correct statement was not made”. Girdhar added that perusal of order passed on various dates made it apparent that investigation, or further investigation, had not been stayed.

Taking note of the assertion, Justice Daya Chaudhary directed the filing of a status report within two weeks. The directions came after Harmanjit Singh Sethi submitted that the alleged decision was contrary to provisions of the Haryana Urban Development Act.

Going into the background of the matter, Sethi stated that the state counsel, in Anju Sachdeva versus Haryana and another, a connected case, had made a categorical statement that the government took a policy decision not to proceed with FIRs registered in multiple allotment of plots. Sethi submitted that the executive lacked the power to take a policy decision by way of executive instructions.

Sethi had been assisting the committee set up by the High Court to look into multiple allotments. He was representing certain accused in the multiple plot allotment case and had all along been alleging adoption of a pick-and-choose policy in the process of initiating proceedings against the accused by alleging that the high and mighty were being kept out of the ambit of the law.

Sethi had earlier submitted in his plea that HUDA and the state were never serious in prosecuting a number of allottees, especially IAS, IPS and judicial officers and others high-ups. The High Court, vide an order dated January 18 last year, clearly ordered that FIRs should be registered against all allottees having more than one plot.