Relief for Congress leader Ram Kishan Fauji as top court disposes of Haryana’s appeal in cash-for-CLU case

Disposing of an appeal filed by the Haryana government challenging the High Court order, the Supreme Court bench comprising Justices Sanjay Karol and Nongmeikapam Kotiswar Singh on November 3 ruled: “Having heard learned counsel for the parties and perused the material available on record, we notice that the incident pertains to the year 2013 and, considering the issue involved, which we need not dilate thereupon, the present appeal is disposed of, leaving the question of law open.”

The case relates to a compact disc released by Indian National Lok Dal leaders in September 2013, allegedly showing Fauji seeking Rs 5 crore for change of land use permission. On February 27, 2015, a single‑judge bench of the High Court quashed the Lokayukta’s January 2014 order after finding the compact disc to be “unauthentic”. The single judge had said there was no credible information for bribery and, therefore, Lokayukta was incompetent to give directions for registering a complaint.

The Haryana government later challenged this order, arguing that the single judge “has erred in law while adjudicating upon the disputed question of fact in writ jurisdiction” and further contending that the judge erred in not relying upon the report of the Central Forensic Science Laboratory, Chandigarh. In December 2015, a division bench of the High Court stayed the single‑judge ‘s decision, and in May 2016 ordered the formation of a Special Investigation Team to probe the case. Fauji challenged this order before the Supreme Court, which in 2017 set aside the division bench ruling while granting liberty to the state to challenge the single‑judge order. The Haryana government subsequently filed an appeal against that order, which the Supreme Court disposed of on November 3.