Punjab and Haryana High Court finds fault with CBI inquiries

Saurabh Malik

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Tribune News Service

Chandigarh, July 2

The Punjab and Haryana High Court has found faults with the investigations carried out by the CBI before calling for the counselling of its investigation officer.

Holding that the premier investigating agency is leaving legal flaws in its probe at institutional level, Justice Arvind Singh Sangwan ruled that it arrayed only the companies as accused through their director/managing director while furnishing the charge sheet in a number of cases.

Justice Sangwan asserted the CBI did so at the first instance without looking into the individual role of a person in the managing director’s capacity. “Therefore, it is directed that a senior officer of the CBI should file an affidavit regarding the action taken for holding the counselling of the investigation officer in this regard,” Justice Sangwan asserted.

The assertion by Justice Sangwan came during the hearing of a petition by Amit Katyal for setting aside an order dated March 9 passed by the Panchkula CBI Special Judge in a case against M/s Krrish Buildtech Pvt Limited and others. The petitioner, vide the impugned order, was summoned and directed to face the trial.

Justice Sangwan’s Bench was told that the case was registered on January 23, 2019, on the allegation that several coloniser-companies, in conspiracy with public servants, cheated the landowners/farmers during 2007-2012.

The state/HUDA issued a notification under Section 4 of the Land Acquisition Act for the acquisition of 1417.07 acres in eight villages for developing residential and commercial sectors in Gurugram. But the area was reduced to 850.10 acres at the time of issuing a notification under Section 6, as companies or individuals purchased land at throwaway prices.

Senior advocates Vinod Ghai and Sidharth Luthra with counsel Himanshu Arora, Kanika Ahuja, Kirti Ahuja and Edward Augustine George argued on the petitioner’s behalf that M/s Krrish Buildtech Pvt Ltd, now Brahma City Private Limited, was arrayed as accused through its managing director while submitting the charge sheet. Some other accused, in fact, were private limited companies or firms nominated as accused through their managing directors.

Leaving legal flaws

Holding that the premier investigating agency is leaving legal flaws in its probe at institutional level, Justice Arvind Singh Sangwan ruled that it arrayed only the companies as accused through their director/managing director while furnishing the charge sheet in a number of cases.