SC reserves verdict on pleas of HPCA seeking to quash criminal proceedings

Press Trust of India  |  New Delhi 

The has reserved its verdict on a batch of petitions filed by Association (HPCA) seeking to quash the criminal proceedings against its office bearers including

On July 26, Thakur had told the apex court that he was willing to contest the FIR lodged against him for alleged irregularities in grant of land on lease for the stadium.

Thakur's decision had come despite the government announcing to take back all "politically motivated" cases, including those against the HPCA.

On April 16, the had taken a decision to take back all politically motivated cases.

These include the HPCA cases in which Thakur and his father and former are accused along with some bureaucrats over alleged irregularities in grant of land on lease for construction of the stadium.

The top court had on July 18, asked Thakur and others to inform it whether they want to withdraw the case in wake of the state government's decision to withdraw all prosecutions, which were political in nature.

Thakur and others have told the court that they want to argue the appeal filed against the High Court order by which it had refused to quash the FIR lodged against them.

On July 18, the apex court had said cases against the HPCA involving Thakur and Dhumal, are political in nature, but the court will go by the merit in adjudicating the matters.

It had asked Thakur and others, "when the wants to withdraw all these cases, then what is your problem".

The petitioners had said they wanted the FIR lodged in the cases to be quashed.

Thakur and others have argued that during the tenure of the Virbhadra Singh-led government in the state, based on a charge sheet prepared by the party, the cases were lodged against Thakur, Dhumal and eight IAS officers, but the Centre had refused to accord sanction for prosecution of the bureaucrats.

The apex court had told Thakur that the can move an application before the trial court for withdrawal of cases under Section 321 of the CrPC.

The apex court had on April 17, warned warring factions in the HPCA, involving top politicians from the BJP and the Congress, from making the top court an arena for their political duel.

Virbhadra Singh, who is arrayed as party in the case, has strongly opposed the state government's decision and said legal procedure needs to be followed for withdrawal of cases.

Thakur and Dhumal had argued that the had in 2013 ordered "status quo ante" in respect of the takeover of the HPCA land and properties and "disapproved" the action of the then government, saying it was "politically motivated".

Dhumal, Thakur and the HPCA had challenged the order of April 25, 2014, by which it had refused to quash the FIR and stay the criminal trial pending before special judge, Dharamshala, in a case registered for cheating and criminal conspiracy, and under provisions of the Prevention of Corruption Act.

Thakur, who is a from Hamirpur and was then the HPCA president, had contended in the apex court that the case was actually a civil dispute but then Virbhadra Singh-led government had made it a criminal case for political reasons.

The FIR in the case was registered by the Dharamsala office of the on August 1, 2013, months after the government assumed power in December 2012.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Wed, October 03 2018. 18:45 IST