If prime facie case is made out, charges can be framed: CBI

CHANDIGARH: The Central Bureau of Investigation (CBI) told high court that at the time of framing of charge, a trial court is to prima facie consider whether there is sufficient ground for proceeding against the accused.

lf the court is satisfied that a prima-facie case is made out for proceeding further then a charge has to be framed, the agency said on a plea filed by former Haryana CM Bhupinder Singh Hooda.

On July 1, the high court bench of justice Arvind Sangwan had stayed trial against the former Haryana CM and Associated Journal Limited (AJL), which is the publisher of National Herald newspaper, for alleged illegal allotment of a plot in Panchkula to AJL. Charges were framed by a special CBI court, Panchkula, against Hooda and AJL on April 16, an order challenged by Hooda.

The trial court had acted on a CBI chargesheet filed in December 2018. The FIR was registered in 2016 during the BJP regime for the alleged offences of 2005 when the Congress leader was the CM. The CBI also brought to the knowledge of the court an order passed by the Supreme Court as per which trials against former and sitting legislators are being monitored by high court to ensure timely disposal.

CBI has alleged that Hooda and late Moti Lal Vora had entered into a criminal conspiracy and misused their official position by ordering re-allotment of a plot at old rates and causing wrongful loss of ₹62 lakh to the government.

This was done by Hooda even as there were notings from officials that if an allotment is to be made, it has to be on new rates, CBI has argued submitting that there was enough material on record for a trial court to frame charges against Hooda and AJL.

At the time of the FIR, Vora was the AJL chairman and Congress chief Sonia Gandhi and her son Rahul Gandhi were among the shareholders.