Delhi HC Issues Notice As Abhay Chautala Seeks Transfer Of DA Case To Spl Court For Legislators [Read Order]

The Delhi High Court has issued notice to the CBI on a petition moved by Abhay Singh Chautala, the leader of Opposition in Haryana Assembly, seeking transfer of the disproportionate assets case against him from the Special CBI court, which was designated as one of the two courts in Delhi to try cases against MPs and MLAs, to some other court apprehending he would not get fair trial.

Justice Sangita Dhingra Sehgal also issued a notice to the Registrar General since the petition seeks transfer of the case from the lone Sessions court to try cases against MPs and MLAs designated so following the Supreme Court's order. The other designated court is that of a magistrate.

"Since the present petition pertains to MP/ MLA and has been assigned to Special Judge for trial through notification… dated February 23, 2018, issued by the High Court of Delhi on the directions of the Hon'ble Supreme Court in WP Civil Ashwini Kumar Upadhyay vs UoI, & Anr. Subsequently, the aforesaid writ petition is still sub-judice before the Hon'ble Supreme Court of India, thus in the consequent circumstances, it would be proper and just that the Registrar General of High Court of Delhi is made a party to the present petition," said Justice Sehgal.

Chautala has been facing trial in the DA case that came to be registered in the year 2006 on the complaint of Congress leader Shamsher Singh Surjewala alleging that Chautala had amassed wealth disproportionate to his known sources of income in the period of the year 2000-2005.

The case has been at the stage of recording of prosecution evidence since the year 2011.

The trial was transferred to the CBI court in Patiala House after it was designated as the court for the trial of cases against MP/MLAs following a PIL filed before the Supreme Court by BJP leader Ashwini Kumar Upadhyay.

Appearing for Chautala, senior advocate N Hariharan, assisted by advocate Amit Sahni, told the court that the Special Judge had deliberately deleted deposition of a prosecution witness which was in favour of the accused.

They also prayed that the trial court record and evidence recorded be summoned as the same would reveal deliberate interference of the court.

"The manner in which the Ld. Special Judge is conducting the judicial proceedings, particularly recording of evidence, in the trial being faced by the petitioner, it is apparent that the trial is not being conducted as envisaged in the Code of Criminal Procedure, 1973," said the petition.

CBI's counsel Rajdipa Behura, however, submitted that the transfer petition was "an abuse of process of law and an attempt to delay the trial".

With the DA case was listed before the Special court for Thursday, the high court has asked the parties to take an adjournment. 

Read the Order Here