Hindustan Times (Patiala)

Khattar govt in a bind over police seeking approval after filing FIR

- Hitender Rao hrao@hindustant­imes.com

CHANDIGARH: The embarrassi­ng gaffe by the Haryana Police in registerin­g a criminal case against former chief minister Bhupinder Singh Hooda under the Prevention of Corruption Act (PCA) without taking the prior approval of the state government has put the BJP regime in a tight spot over how to wriggle out of the situation.

The police on Tuesday tried to make amends by seeking “ex-post facto” approval of the state government for conducting investigat­ions into the offence alleged to have been committed by Hooda under the amended PCA.

While this may not cure the defective first informatio­n report (FIR) lodged by the Gurgaon police without seeking the prior approval, the state government has also not been able to find a mechanism to accord “ex-post facto” approval for investigat­ing the case.

Additional chief secretary (ACS), home, SS Prasad said they were examining the reference sent by the Gurgaon commission­er of police, seeking approval of the state government. “I cannot say much at this juncture,’’ Prasad said.

COMMUNIQUÉ SENT BY GURGAON CP

Police officials said that Gurgaon CP has sent a very sketchy communiqué to the DGP, seeking approval to investigat­e PCA cases against Hooda.

Before the state government accords approval in this regard, it would have to give a cogent justificat­ion in black and white.

Vikram Chaudhri, senior advocate and criminal lawyer at the Punjab and Haryana high court, said the government department­s cannot act as mere post offices. “They need to devise a mechanism to accord approval. There cannot be a mere mechanical exercise. Mere form won’t help. There has to be substance. And if the government does not follow a procedure, it would be a malice in law.

Even the authority designated to give approval will have to apply its mind before doing so,’’ Chaudhari said.

Pointing to the “ex-post facto” approval sought by the police, the HC lawyer said that “minutest infraction” of the procedure establishe­d by the law will vitiate the entire proceeding­s and infringe on Article 21 of the Constituti­on.

HOME DEPT WILL HAVE TO SEEK COMMENTS FROM OTHER DEPTS

Senior officials familiar with the issue said that since the allegation­s in the FIR pertained to the town and country planning, industries and revenue department­s, the home department will have to seek and examine their comments before proceeding any further.

The governor, who is the appointing authority of a chief minister, can accord approval only after getting a justificat­ion that a case is made out here.

As per a 1997 ruling of the Supreme Court in J Jayalaltih­a case, the governor while determinin­g whether sanction of prosecutio­n should be granted or not would necessaril­y act on his own discretion and not on the advice of the council of ministers as a matter of propriety.

Hooda was on Saturday booked under Section 13 of the PCA in a suspected land deal involving Robert Vadra’s company, Sky Light Hospitalit­y, and realty major, DLF. HT had on Monday reported the faux pas committed by the Gurgaon police in registerin­g a criminal case against Hooda under the PCA without taking the prior approval of the state government, a condition mandated under the amended graft law.

The Supreme Court in its March 1, 2011 order had defined investigat­ions as: “Under the scheme of the Code of Criminal Procedure, investigat­ion commences with lodgment of informatio­n relating to the commission of an offence.”

SKETCHY COMMUNIQUÉ SENT BY POLICE NEEDS TO BE JUSTIFIED BEFORE GIVING NOD

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