Shimla: The High Court has quashed the FIR as well as the criminal proceedings pending before the Special Judge, Shimla, against former Chief Minister Prem Kumar Dhumal in the alleged misuse of power case.
The court passed the judgment on a petition filed by Dhumal and others challenging the summon orders passed by the Special Judge in a case pertaining to grant of undue benefit to former Inspector General of Police AN Sharma by allowing him to continue in service after seeking retirement and not following a proper procedure.
Quashing the summoning order, Justice Rajiv Sharma observed: “The allegations contained in the FIR No. 6/2014 and accusation made in the final report (challan) even if taken at their face value and accepted in their entirety, neither constitute criminal misconduct, nor disclose guilty mind or dishonest intention. It is reiterated that it was purely an administrative decision taken strictly as per the laid procedure.”
The court observed: “To constitute a crime the act must, except as otherwise provided by Statute, be accompanied by a criminal intent on the part of the accused, or by such negligent and reckless conduct and indifference to the consequences of conduct as is regarded by the law as equivalent to a criminal intent.”
It said: “The allegations contained in the FIR and final report do not constitute offence of cheating under Section 420 IPC and criminal conspiracy under Section 120-B and Criminal Misconduct under Section 13 (2) of the Prevention of Corruption Act. Moreover, the decision to permit the withdrawal of retirement has been taken as per the Rules of Business of Government.”
The court also quashed the criminal proceedings initiated against former Chief Secretary Ravi Dhingra, then Home Secretary, PC Kapoor, and former IG AN Sharma. While granting relief to them also, Justice Sharma observed: “The registration of criminal cases immediately after the change of guard does not augur well for the democracy. It may lead to vicious cycle.
The public servant may be scared to take decisions apprehending their involvement at the later stage. There has to be continuity in the governing process. The registration of FIR even in those cases which are purely civil/administrative in nature against the public servants would demoralise them.”
Dhumal had challenged the order of the Special Judge on the ground that the prosecuting agency/Home Department had misled the trial court by not placing both the orders of the Governor of the state and it had been passed without taking cognisance of the orders issued on January 21, 2015, and March 21, 2015, by the Governor of the state.
It was alleged that on January 21, 2015, then Governor Urmila Singh had expressed opinion that sanction under Section 19 of the Prevention of Corruption Act was not required while on March 21, then Governor Kalyan Singh had reviewed the January 21 order and denied prosecution sanction against Dhumal.
The court passed the judgment on a petition filed by Dhumal and others challenging the summon orders passed by the Special Judge in a case pertaining to grant of undue benefit to former Inspector General of Police AN Sharma by allowing him to continue in service after seeking retirement and not following a proper procedure.
Quashing the summoning order, Justice Rajiv Sharma observed: “The allegations contained in the FIR No. 6/2014 and accusation made in the final report (challan) even if taken at their face value and accepted in their entirety, neither constitute criminal misconduct, nor disclose guilty mind or dishonest intention. It is reiterated that it was purely an administrative decision taken strictly as per the laid procedure.”
The court observed: “To constitute a crime the act must, except as otherwise provided by Statute, be accompanied by a criminal intent on the part of the accused, or by such negligent and reckless conduct and indifference to the consequences of conduct as is regarded by the law as equivalent to a criminal intent.”
It said: “The allegations contained in the FIR and final report do not constitute offence of cheating under Section 420 IPC and criminal conspiracy under Section 120-B and Criminal Misconduct under Section 13 (2) of the Prevention of Corruption Act. Moreover, the decision to permit the withdrawal of retirement has been taken as per the Rules of Business of Government.”
The court also quashed the criminal proceedings initiated against former Chief Secretary Ravi Dhingra, then Home Secretary, PC Kapoor, and former IG AN Sharma. While granting relief to them also, Justice Sharma observed: “The registration of criminal cases immediately after the change of guard does not augur well for the democracy. It may lead to vicious cycle.
The public servant may be scared to take decisions apprehending their involvement at the later stage. There has to be continuity in the governing process. The registration of FIR even in those cases which are purely civil/administrative in nature against the public servants would demoralise them.”
Dhumal had challenged the order of the Special Judge on the ground that the prosecuting agency/Home Department had misled the trial court by not placing both the orders of the Governor of the state and it had been passed without taking cognisance of the orders issued on January 21, 2015, and March 21, 2015, by the Governor of the state.
It was alleged that on January 21, 2015, then Governor Urmila Singh had expressed opinion that sanction under Section 19 of the Prevention of Corruption Act was not required while on March 21, then Governor Kalyan Singh had reviewed the January 21 order and denied prosecution sanction against Dhumal.
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