Hooda, AJL discharged in Panchkula plot case; HC slams CBI prosecution

Court says re-allotment not illegal, no evidence of loss or conspiracy; terms trial an abuse of process

The court said there was no prima facie evidence of conspiracy, cheating or financial loss.The Punjab and Haryana High Court discharged former Haryana chief minister Bhupinder Singh Hooda and AJL in the Panchkula plot case. (File Photo)

The Punjab and Haryana High Court has discharged former Haryana chief minister Bhupinder Singh Hooda and The Associated Journals Limited (AJL) in the controversial Panchkula plot re-allotment case, holding that the material on record did not disclose even a prima facie case of criminality.

Setting aside the April 16, 2021 order of the Special CBI Court framing charges and dismissing the discharge pleas, Justice Tribhuvan Dahiya ruled that all consequential proceedings stood quashed and the petitioners were discharged.

The court was sharply critical of the Central Bureau of Investigation (CBI), observing that its approach was legally unsustainable and that continuing the prosecution would amount to an abuse of the process of court.

The case relates to institutional plot No. C-17 in Sector 6, Panchkula, allotted in 1982 by the Haryana Urban Development Authority (now Haryana Shehri Vikas Pradhikaran) to AJL. The plot was resumed in 1992 after construction was not completed within the stipulated period. AJL’s appeal and revision petitions were dismissed in 1995 and 1996.

In 2005, shortly after Hooda assumed office as chief minister, the plot was re-allotted to AJL at the original rates. Following a change of government in 2014, a vigilance inquiry led to the registration of an FIR, later handed over to the CBI. The agency alleged that the re-allotment was illegal, caused financial loss to the authority and conferred undue benefit on AJL.

Charges were framed in 2021 under Sections 120-B and 420 of the IPC and provisions of the Prevention of Corruption Act, prompting Hooda and AJL to approach the High Court.

Justice Dahiya held that the prosecution’s case rested entirely on the allegation that Hooda had abused his official position in 2005 to secure re-allotment of the plot to AJL in violation of statutory provisions. However, the court found no material to establish conspiracy, cheating, wrongful gain or wrongful loss.

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The Bench noted that the re-allotment order dated August 28, 2005 was subsequently ratified by the competent authority on May 16, 2006. The decision was neither reviewed nor set aside by any court or tribunal and was fully implemented. AJL paid the re-allotment price and extension fee, completed construction and obtained an occupation certificate in 2014.

The court observed that no authority had claimed any financial loss, nor had AJL been asked to compensate for any alleged damage. Even audit objections regarding financial loss had been dropped.

On the charge of conspiracy, the Bench said there was no evidence of any agreement or meeting of minds between Hooda and AJL. The documents relied upon by the CBI indicated that the decision was taken on official advice and in an administrative capacity.

Addressing the Prevention of Corruption Act charges, the court held that abuse of official position presupposes an unlawful act. Since the re-allotment had never been declared illegal and stood ratified, the essential ingredients of the offence were missing.

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The court also rejected the CBI’s contention that AJL’s subsequent mortgage of the property indicated criminal intent, noting that the mortgage was executed with prior consent of the authority and several years after the re-allotment.

Holding that the basic elements of offences under Sections 120-B and 420 IPC and the Prevention of Corruption Act were not made out even prima facie, the court termed the trial court’s order “perverse” and said it had resulted in a miscarriage of justice.

With this ruling, Hooda and AJL stand discharged in a case that had remained one of the most politically sensitive matters arising from his tenure as chief minister.

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

 

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