Terming it “malafide” and “motivated”, court of Additional Chief Judicial Magistrate, Gurugram, has dismissed a complaint against former Police Commissioner of Gurugram that he got an FIR registered in Manesar land deal after allegedly concealing the fact that the complainant had already lost the case in the Punjab and Haryana High Court. The Central Bureau of Investigation had registered a case in September 2015 on allegations that private builders, in conspiracy with unknown public servants of Haryana government, had purchased around 400 acres of land from farmers at Manesar at throwaway prices.
The land was allegedly purchased after holding out threat of acquisition by the government. CBI has already questioned the then CM Bhupinder Singh Hooda in the case. In his complaint in the court, an RTI activist Ravinder Kumar had stated that Navdeep Singh Virk, the then Commission of Police, Gurugram, got an FIR registered on August 12, 2015, at the behest of one Om Prakash Yadav who had already lost his case before the HC. Kumar said the complainant could not have initiated criminal proceedings on the same ground.
The complaint further states that at the behest of Om Prakash, Virk got the FIR registered and on the same night wrote to the DGP Haryana and proposed that the matter be referred to CBI, allegedly on vague grounds. The then DGP referred the case to the Additional Chief Secretary (Home) on August 13, 2015, who further referred the case to Director CBI on August 14.
Dismissing the complaint, the court of Prashant Rana, Additional Chief Judicial Magistrate, Gurugram, stated, “The complainant has targeted a police officer in regard to a dispute at Manesar, Gurugram, coming all the way from Panchkula where the complainant resides. The contention of the complaint is that he has filed the present complaint since he is a social activist. However, the complainant has not bothered about other disputes pending in the district and has carefully chosen a particular dispute out of thousands of such cases pending.”
The court further observed, “The present complaint is yet another example of misuse of RTI Act 2005 and the process of law for the purpose, best known to the complainant, which in any case is not the purpose of justice. The complaint is malafide and motivated.” The court, in its order, stated that since the Supreme Court was already seized of the matter, the present complaint was not maintainable and hence dismissed. A few days back, 11 MLAs of the Congress who are close to Hooda had termed the handing over of the case to CBI as a “political conspiracy”.
The Congress leaders had also stated that Navdeep Singh Virk got the case registered by concealing the fact that the High Court had earlier rejected the claim of the complainant Om Prakash.
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