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HC nod to CBI proceedings against former DDA chief

The Delhi High Court has given a green signal to the Central Bureau of Investigation (CBI) to continue with proceedings against former Delhi Development Authority vice-chairman Subhash Sharma in a corruption case.

The Delhi High Court has given a green signal to the Central Bureau of Investigation (CBI) to continue with proceedings against former Delhi Development Authority vice-chairman Subhash Sharma in a corruption case.

Sharma was accused of using his official position to prevent the demolition of an unauthorised construction to install a lift in the commercial complex at Mahavira Towers in Paschim Vihar.

The investigating agency had registered an FIR against him,along with Dharambir Khattar,a “middleman”,and four others in April 2003 under the Prevention of Corruption Act.

Following a chargesheet filed by the CBI in July 2004,a Special Judge on April 16,2008,proceeded to frame charges under Section 120 B (criminal conspiracy) and other Sections of the Act.

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Sharma had moved the High Court,alleging that the CBI had prosecuted him before obtaining any official sanction — deemed mandatory before taking legal action against a government servant. Three of his co-accused — Khattar,Ved Prakash Kaushik,who allegedly helped in liaising with the DDA and hotelier Pradeep Kapur — had also sought a judicial review of the charges against them.

“There is no merit in the contention that there is a defect in the orders granting sanction to prosecute Subhash Sharma… the acts he is charged with were not performed in the discharge of his official duties as vice-chairman of the DDA,” the Bench observed in its order on May 5. The High Court ordered the Special Judge to continue with the trial of Khattar,Kaushik,and Kapur.

All four were directed to pay the CBI a litigation cost of Rs 25,000 each within the next four weeks.

First published on: 11-05-2009 at 02:26:50 am
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