Gurugram land deal: Probe at snail’s tempo as cops ‘fail’ to get full official file

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Investigations within the first info report (FIR) registered by the Gurugram police almost 4 years in the past in opposition to former Haryana chief minister, Bhupinder Singh Hooda and Robert Vadra, the son-in-law of Congress president Sonia Gandhi, pertaining to suspected irregularities in a land deal, is crawling at a snail’s tempo. The FIR (quantity 288) was registered at Kherki Daula police station on September 1, 2018.

The land transaction concerned Vadra’s Sky Gentle Hospitality, actual property main, DLF and Onkareshwar properties in Gurugram’s Shikohpur village (Sector 83). The land deal was a significant ballot problem for the ruling BJP within the run-up to the 2014 Lok Sabha and meeting polls in Haryana and the celebration vigorously highlighted the alleged corruption and nepotism through the election marketing campaign.

Sky Gentle Hospitality was granted an actual property growth license by the city and nation planning division for creating a industrial colony on 2.701 acres within the income property of Shikohpur village (now Sector 83), Gurugram on December 15, 2008, through the Congress rule below Bhupinder Singh Hooda. Later, Sky Gentle, by means of a sale deed of September 18, 2012, offered 3.53 acres of land, together with the licensed space of two.701 acres, to DLF for 58 crore. The licence was cancelled by the division on this March 9, seven years after the BJP took over the reins of the state.

Whereas many police officers didn’t wish to touch upon the progress of the probe, some cited non-availability of the entire official file to justify the tardy progress.

Requested in regards to the progress of the investigation within the case, deputy commissioner of police, Manesar, Manbir Singh mentioned they’ve solely obtained part of official data from the city and nation planning and income departments pertaining to the case. “To this point not one of the accused have been questioned by the police,” Singh mentioned in response to a question.

Don’t see a lot hope, says complainant

Surender Vashisht, a resident of Rathiwas village, who’s the complainant within the case, mentioned that the federal government not appears to be considering pursuing the case. “I don’t see a lot hope. The best way the police are sitting on the case, it’s apparent that the state authorities is not severe in regards to the matter,” he mentioned.

Vashisht mentioned that the police had referred to as him on a couple of events and sought paperwork pertaining to the case. “I offered them with no matter papers I had. It was as much as them to take the investigation ahead. Sadly, that has not occurred,” he mentioned.

Fee of inquiry to probe the grant of license to Vadra agency comes a cropper

The BJP authorities in Haryana had arrange a Fee of Inquiry in 2015 to probe points pertaining to the grant of a industrial license to Sky Gentle Hospitality. The Punjab and Haryana Excessive Court docket on January 10, 2019, quashed the report of the Fee of Inquiry citing procedural flaws and restrained the state authorities from making it public. Nevertheless, the excessive court docket mentioned the state authorities could be at liberty to nominate a brand new Fee of Inquiry on the identical material. The federal government although didn’t appoint one.

Authorized loopholes within the FIR

The FIR which was registered below provisions of the Indian Penal Code (IPC) and Prevention of Corruption (PC) Act and figured a former chief minister as an accused is taken into account legally unsustainable by authorized consultants because the police didn’t take prior approval of the state authorities below part 17-A of the PC Act earlier than registering it.

Justice KM Joseph of the Supreme Court docket in a November 14, 2019, order had mentioned that even continuing on the idea that on petitioners’ criticism, an FIR have to be registered because it purports to reveal cognisable offences and the court docket should so direct, will it not be a futile train having regard to Part 17-A of the PC Act.

Left red-faced over this gaffe, the federal government subsequently on November 29, 2018, took ex submit facto approval from the governor to conduct an investigation into the offences alleged to have been dedicated by the previous chief minister within the FIR. The then further chief secretary, residence, SS Prasad in an order mentioned that after going by way of the contents of the FIR forwarded by the Gurugram commissioner of police, the Haryana governor considers that the FIR reveals offences of great nature and misuse of officers by former chief minister BS Hooda and others named within the FIR and must be probed. The previous CM had termed the case baseless and emanating from the “political vendetta” of the BJP.

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