CHANDIGARH: While the Manohar Lal Khattar-led BJP government in
Haryana has been opposing
CBI probe and recommendations of action against some officials into the forest scams exposed by Magsaysay awardee and whistle-blower
Indian Forest Service (IFS) officer Sanjiv Chaturvedi, the
Central government led by the BJP has termed the stand of the state government as false and supported
CBI probe.
In a detailed reply, filed recently against Haryana government's plea challenging CBI probe into the case, the Union ministry of environment and forest (MoEF) has strongly opposed the state's plea.
The affidavit filed by MoEF on behalf of the Central government has submitted that contents of the Haryana government's petition were false and that allegations levelled by the state in chargesheet against Sanjiv Chaturvedi were found to be baseless. It was further submitted that the Union government, after consulting central vigilance commission (CVC), had advised the state to register an FIR against the guilty and to transfer the case to the CBI.
In its petition, the state of Haryana had been contending that the MoEF had illegally constituted a committee that had given clean chit to Chaturvedi and indicted state government officials. It has been further contended by Haryana that the committee had submitted a report casting aspersions against its officials without giving them any opportunity of hearing. The state has been contending that the orders of the Central government were unconstitutional and violated the principles of natural justice.
Significantly, the petition was filed by then
Bhupinder Singh Hooda-led Congress government in 2014 for quashing the President's orders and the Central government panel's recommendations for a CBI probe into the scams exposed by Chaturvedi.
However, the Manohar Lal Khattar-led BJP government in Haryana had initially decided to withdraw it in May 2016 but later endorsed the petition filed by the Hooda government.
The matter was also came up for hearing on Wednesday and Chaturvedi's counsel advocate Sudershan Goel submitted that the case filed by Haryana challenging orders passed by the Union government was not maintainable in the HC because such cases can only be filed directly in the Supreme Court under Article 131 of the Constitution of India. Goel further submitted that the order under challenge was implemented three years prior to the filing of this petition and, therefore, the writ petition was not maintainable.
The counsel for the Haryana government, however, come up with the record pertaining to the case and sought two days' time to prepare the case.
Now the case has been adjourned for January 24 for final hearing.
The issue
The MoEF report of the two-member panel comprising inspector general of forest A K Srivastava and Shally Ranjan had indicted the offices of then chief minister Bhupinder Singh Hooda and other senior officers for fabricating false charges against Chaturvedi and had recommended a CBI inquiry. Subsequently, the President had revoked the charge-sheet against Chaturvedi on January 19, 2011.
CBI
