New Delhi: A Special CBI court has decided to frame charges against ten persons accused in the multi-crore land scam saying the evidence prima facie show they were involved in fictitious allotments to slum dwellers.
Special CBI Judge Anoop Kumar Mendiratta decided to frame charges against Ashok Malhotra, a roadside food vendor, saying the specific evidence collected against him, at this stage, pointed out that he (Malhotra) had in conspiracy with other accused was involved in illegal allotments.
The other accused against whom the court has decided to frame charges are MCD Deputy Director Sumer Chand Garg, MCD clerk Atul Vashisht, Ashok Chikara, businessman Ashok Jain, Lal Mani, Ram Chander Arora, canteen manager Ravinder Sandhu, Vijay Kumar and Mohan Lal, accused in fictitious allotment of plots under Resettlement Scheme of Slum & JJ Department.
"As such, prima facie all the accused are liable to be charged for offences under section 120 B IPC (conspiracy) read with section 420 (cheating), 467 (forgery of a valuable security), 468 (forgery for the purpose of cheating), 471 (using a forged document as genuine) and 13(2) read with 13(1)(d) (for bribery) of the Prevention of Corruption Act, and 420 IPC read with Section 120B IPC," the court said.
The case in which the court has decided to frame charges pertains to illegalities in land allotment in respect of dwellers of Yamuna Pushta.
Relying upon the specific evidence on record against Malhotra, and the statement of a prosecution witness, the court said it clearly pointed out that "accused Ashok Malhotra was in the conspiracy with other accused (in illegal allotments). The evidence on record is sufficient for framing of charges against the accused at this stage."
The court relied upon the statement of a witness who said Malhotra had in 2006 asked him to arrange about 400-500 ration cards and Delhi Administration I-cards for getting the documents of plots prepared.
The court also held that the accused public servants Sumer Chand Garg, Atul Vashisht and Ashok Chikara are also liable to be charged for substantive offence under section 13(2) read with 13(1)(d) of PC Act read with Section 120B IPC.
"The inclusion of the names of allottees/beneficiaries in the draw of lots itself shows the connivance of the public servants and other accused," the court added.
The prosecution case is that Malhotra had grabbed a large number of plots meant for resettling slum dwellers of Yamuna Pushta.
First a `cholley-bhaturey` vendor, then a canteen contractor in Delhi Vidhan Sabha, Malhotra was arrested on August 6, 2007, and is also accused of having adopted a similar modus operandi for grabbing plots in Dheerpur (Phase-I) and Molarband (Phase-II).
The investigation agency had also recovered a slew of fancy cars with VIP number-plates from Malhotra`s northwest Delhi residence.