Shimla, May 5 : Himachal Pradesh Assembly Speaker Rajiv Bindal and 23 others were issued notice by the HP High Court in connection with withdrawal of charges against them in a corruption case by the special court at Solan recently .
Single Judge Bench of Justice Sureshwer Thakur on Saturday passed this order issuing notices to 24 people including Mr Bindal while hearing a criminal review petition filed by RTI activist Mr. Pawan Thakur challenging session court Solan order in the matter.
Allowing the application of State Vigilance and Anti corruption Bureau in the mater on Jan 24, 2019 session court Special Judge Mr Bhupesh Sharma of Solan discharged them before completion of trail, which was fixed to record the statements of accuseds under 313 of CrPC.
With withdrawal of persecution section given by former Mr. Virbhadra Singh Government in 2012, SV&ACB and Prosecution department decided to withdraw the case with elevation of Mr Bindal Vidhan Sabha speaker in 2018 and formation of Jai Ram Thakur Government.
The petitioner moving in the high court recently challenged the order of session court special judge Solan alleging that impugned order was passed by the court when trail was about to complete. Now the High court directed all the respondents to file the reply in the court within four week of receiving this order issued today.
The petitioner pleaded before the HC that criminal case pertains to the major anomalies in recruitment of nearly 18 people by the Municipal Committee Solan of year 1999 violating the law when Mr Bindal was its chairman . He said that crime case was lodged under Prohibition corruption act such case could not be withdrawn discharging all the accused before the trial with changing of Government and withdrawing the prosecution.
The petitioner seeking reopening the prosecution case and quashing of the impugned order contended that discharging of accused booked and charged in the court for violating the recruitment norms is against the law.
The alleged case belonged to year 1999 when there was BJP-HVC government in the state. Mr Bindal was elected as Member of Assembly in 2000 during by election. The Vigilance probe was order by the Virbhadra Singh government in 2003 and a FIR was lodged by the SV&ACB under section 420, 468,471 and 120 B of CrPC and sec 13(20 ) PC ACT .
With the changing of power and forming of Prem Kumar Dhumal government in the state in 2007 the matter remained pending for five year erstwhile speaker for giving prosecution sanction and it was with forming of Virbahdar Singh government went ahead with persecution sanction as charges were framed against Mr Bindal and others on Mar 2, 2015 .
When the special court trial was on the stage of recording statement of accused under secton 313 of CrPC Jai Ram Thakur government decided to withdraw the persecution sanction. The session Court Special judge Mr. Bhupesh Shrama hearing an application of prosecution to withdraw the case discharged all of them before the completion of trial on Jan 24, 2019. UNI