ASSOCIATED JOURNALS LIMITED Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) These two petitions are being decided together as the petitioners herein are accused in the same transaction concerning which the FIR in question has been lodged.

(2.) The petitions have been filed for setting aside the orders dtd. 16/4/2021 passed by learned Special Judge, Central Bureau of Investigation (CBI), Panchkula, whereby charges have been framed against the petitioners-accused, and the application filed on behalf of the petitioner-Bhupinder Singh Hooda (hereinafter referred to as, 'BSH') under Sec. 239 read with Sec. 240 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.'), seeking discharge in case FIR No. RC CHG 2017 A0008, dtd. 5/4/2017, registered under Ss. 120-B, 420 IPC, and Sec. 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the PC Act'), at Police Station ACB, CBI, Chandigarh, has been dismissed.

(3.) In this background, Mr. R.S. Cheema, learned senior counsel for BSH firstly contended that the order of re-allotment, dtd. 28/8/2005, was passed by him in bona fide exercise of powers vested with the Government. Prior thereto, BSH had taken opinions from the officers concerned, as also of the Legal Remembrancer. Considering the same and keeping all the relevant facts in view, he took a considered view in deciding to re-allot the plot to the AJL. The order also noted the objective for which it was done, as also the public interest involved. Besides, it was in line with the statutory provisions incorporated in the 1977 Act. Combined reading of Ss. 15 and 30 of the Act makes it clear that the Authority has the power to dispose of the land in any manner except by way of gift. Accordingly, there was no bar on re-allotment or restoration of an institutional plot also which was done by exercising power under Sec. 30(2) of the 1977 Act. And the decision was unanimously ratified by the Authority later in its 97th meeting held on 16/5/2006. Initial allotment to the AJL had also been ratified in the similar manner ex-post facto. Besides, the decision to re-allot the plot was a collective decision, for which BSH alone could not have been held responsible. The investigating agency has declared other members of the Authority innocent on baseless grounds which shows the entire exercise was only to frame BSH for dubious reasons at the behest of the Government to settle political scores.