RAM KISHAN FAUJI Vs. STATE OF HARYANA AND ORS.

CLU (CHANGE OF LAND USE) SCAM:

The Punjab and Haryana high court quashed the Haryana lokayukta order on registration of a first information report (FIR) against Ram Kishan Fauji, in change of land use (CLU) scam.

The Punjab and Haryana high court on Friday quashed the Haryana lokayukta order on registration of a first information report (FIR) against Ram Kishan Fauji, in change of land use (CLU) scam.The state police had registered a criminal case against Fauji on lokayukta orders. But the high court had stayed the FIR proceedings and had sent the controversial CD which had a video footage of Fauji allegedly seeking bribe for getting some people CLU permission for a land, a video recorder and its memory chip to central forensic laboratory (CFSL), Hyderabad, was sent for examination.The high court bench held that no link could be established between the content in the CD and the memory chip of cameras sent for forensic examination. It was further recorded that the CD could not withstand the test of authenticity.

The court also observed that the lokayukta should have examined the CD's authenticity before ordering the FIR. "The direction is wholly inappropriate and not justified at all," said justice Kannan in the open court while quashing the order of FIR registration and the further proceedings of the case.

The action against Fauji was the first graft case ordered to be registered at lokayukta's instance. Lokayukta justice Pritam Pal (retd) had submitted his report recommending a case against Fauji under the Prevention of Corruption Act.

Appeal was made by the said government and the impugned order of the high court was set aside. Consequently appeal was allowed to challenge the order of single bench judge and there was no order as to cost.

Law Involved:

1.Sec 8(1),14  Haryana Lokayukt Act 2002

2.Sec 7&8 of Prevention Of Corruption Act 1988+ other provisons of the act

3. Writ Jurisdiction under Constitutional Law



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