Indian Express: Chandigarh: Saturday, June 03, 2017.
"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,”
Court in its order.
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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