Vigilance awaits govt nod to prosecute former HP ministers

The state cabinet,during the Congress regime,had permitted the re-sale in 2007 after it was rejected in April 2006. The sale was allowed even though both Goodwill Industries and the government had taken the dispute to court. The case was later withdrawn after the permission was granted,sources said.

It was at the instance of the BJP government,which returned to power in 2007,that the Vigilance conducted an inquiry and later registered an FIR for fraud (Section 420) and under Prevention of Corruption Act (Section 120 IPC) in 2009 alleging serious illegalities committed by the then cabinet.

For the past nine months,however,the Vigilance department hasn’t received the government’s go ahead to file the challans in the court.

Sources said the file has been shuttling between the Law department,Advocate General’s (AG) office and the home department.

The issue had even figured in the state Assembly with legislators insisting on criminal prosecution for those responsible for allegedly allowing undue favours to a private company,which made a huge profit – not by making the unit operational but selling out its assets including plant,machinery and land.

The Congress camp,however,has contested the government stand and justified the cabinet decision -which has powers to take any decision in the interests of the state. “The government and Vigilance have fabricated the facts to register FIR,which will not stand in the court of the law”,asserts G S Bali,a former minister and Congress MLA. The Opposition also asserts that no condition can be put on the buyer in case of a free-hold property.

Initially,the government worked on legal issues to determine whether the cabinet can be booked for any illegal action or its decision that had gone totally against the interests of the state. But,perhaps the Home department did not find logic and matter was referred first to the law department and later to the Advocate General.

When contacted Principal Secretary (Home and Vigilance) PC Dhiman,who took charge a fortnight ago,admitted that the Vigilance has brought the matter to his notice few days back .

“It is true. The state Vigilance and Anti-Corruption Bureau has raised certain queries. The matter is under active consideration of the government,” he said.

During the investigations,the Vigilance had sent a list of questions to all the cabinet ministers including then industries minister Kuldeep Kumar to know as to what had transpired during the meeting. Barring one or two ministers,others declined to respond.

The BJP government alleges that the sale was allowed in a hush-hush manner and this benefited the buyer by Rs 4.45 crore within a short time,despite a condition in the sale in 2004 that the unit would not be re-sold,reads records of Vidhan Sabha quoting industries minister Krishan Kapoor,

A clause in the auction deal stated that “in case the purchaser fails to set up the industrial unit on the land,the entire property,both land and structures,will be liable to be reverted to GIC”.