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Cabinet took decision,CM alone cannot be prosecuted: Chautala to HC

The counsel also argued that CBI had made the case against Chautala relying on the testimony of co-accused Sanjiv Kumar,an IAS officer who the agency had already “discredited” before the Supreme Court in a PIL filed by Kumar.

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Claiming that there was no direct evidence against former Haryana Chief Minister Om Prakash Chautala — sentenced to 10 years’ jail term in the JBT scam — his lawyers on Thursday contended before the Delhi High Court that he alone cannot be prosecuted in the case as the entire cabinet had taken the decision on the recruitment of teachers.

The court of Justice Mukta Gupta was hearing the bail pleas of Chautala and 20 other co-accused in the case. Advocate Mukul Rohtagi — representing Chautala,who is also seeking suspension of his sentence — said: “Om Prakash Chautala was the chief minister,he was not the government. There were several other ministers,bureaucrats and others who make up the government.”

The counsel also argued that CBI had made the case against Chautala relying on the testimony of co-accused Sanjiv Kumar,an IAS officer who the agency had already “discredited” before the Supreme Court in a PIL filed by Kumar.

“The Supreme Court has found that Sanjiv Kumar is a discredited witness. He had deposed falsely before the apex court and therefore,was made a co-accused in the case. Why then is my client being convicted solely because of Kumar’s testimony?” asked Rohtagi. The lawyer also said that his client is 78-year-old and suffered from several ailments.

Justice Gupta on Thursday refused to pass any interim bail orders to give relief to Chautala,after the prosecution stated that it will give a collective reply to the bail pleas. “I will pass a comprehensive order. I am not going to hear every case separately,” said Justice Gupta. CBI will begin its argument on Monday.

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  • former Haryana chief minister Justice Mukta Gupta Om Prakash Chautala
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