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[Udaipur Hotel Case] Rajasthan HC Stays Proceedings Against Arun Shourie And 4 Others, Calls For Record From CBI Court [Read Order]

Sparsh Upadhyay
22 Oct 2020 4:20 PM GMT
[Udaipur Hotel Case] Rajasthan HC Stays Proceedings Against Arun Shourie And 4 Others, Calls For Record From CBI Court [Read Order]
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The Rajasthan High Court on Wednesday (21st October) stayed the proceedings of a trial court, which had ordered the reopening of a probe against the former Union Minister Arun Shourie and 4 others over the sale/disinvestment of Laxmi Vilas Palace Hotel, Udaipur.[NOTE: On 15th September, a special court at Jodhpur had asked the CBI to file cases against former Union minister Arun Shourie and...

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The Rajasthan High Court on Wednesday (21st October) stayed the proceedings of a trial court, which had ordered the reopening of a probe against the former Union Minister Arun Shourie and 4 others over the sale/disinvestment of Laxmi Vilas Palace Hotel, Udaipur.

[NOTE: On 15th September, a special court at Jodhpur had asked the CBI to file cases against former Union minister Arun Shourie and the then disinvestment secretary Pradip Baijal over the sale of an ITDC hotel, allegedly at a loss of Rs 244 crore to the exchequer.]

Further, on Wednesday (21st October) the Bench of Justice Vijay Bishnoi has also called for the records of the case from the special CBI court, while directing it not to proceed against the five petitioners (Jyotsana Suri, Ashish Guha, Arun Shourie, Kantilal Vikamsey and Pradip Baijal) until HC's further orders.

Significantly, the matter against Arun Shourie dates back to the year 2001, when he was the Union Minister for Disinvestment and when disinvestment of Laxmi Vilas Hotel, Udaipur took place.

It may be noted that earlier, the Rajasthan High Court had granted interim order/protection to Former Union Minister Arun Shourie from Arrest in this matter [on Wednesday (23rd September)].

Now, yesterday i.e., on Wednesday (21st October), the Court in its order noted,

"In furtherance of the order dated 22.09.2020 passed by this Court in these matters, it is ordered that the trial court shall not proceed against the petitioners pursuant to the impugned order till further orders." (emphasis supplied)

CBI Court's Order

The Court gave the afore-said order while hearing 5 petitions, which were filed on behalf of the petitioners challenging the order dated 15.09.2020 passed by Special Judge, C.B.I., Jodhpur in Final Report Case No.19/2019 (R.C. JDH 2014 A 2008), whereby the trial court, while rejecting the Final Report in Udaipur Hotel Case, had ordered for taking cognizance against the petitioners for the offences punishable under Sections 420, 120B IPC and Section 13(2) read with Section 13 (1)(D) of Prevention of Corruption Act, 1988.

The trial court had also summoned the petitioners through a warrant of arrest and had further ordered for attachment of the property i.e. Laxmi Vilas Hotel situated at Udaipur and appointed the District Collector, Udaipur as the receiver.

However, 7 days later, the Rajasthan High Court (Jodhpur Bench) on Tuesday (22nd September) rapped the CBI court for issuing arrest warrants against former Union Minister Arun Shourie and four others in connection with the disinvestment of Laxmi Vilas Palace Hotel (Udaipur).

Mr. Ashish Guha was represented by Mr. Sanjiv Sen, Senior Advocate assisted by a team of Karanjawala & Company Advocates, lead by Senior Partner Mr. Sandeep Kapur, Mr. Vir Sandhu, Mr. Vivek Suri, Mr. Abhimanshu Dhyani, Mr. Sahil Modi and Mr. Anirudh Singh Shekhawat, Advocates.

Mrs. Jyotsana Suri was represented by Mr. P.P. Choudhary, Senior Advocate.

Mr.SV Raju, ASG appeared for the CBI.

Click Here To Download Order

[Read Order]



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