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Delhi HC notice to CBI on Chautala brothers` petition

Last Updated: Monday, March 22, 2010 - 18:10

New Delhi: The Delhi High Court on Monday
sought a response from the CBI on a petition filed by INLD
MLAs Ajay and Abhay Chautala challenging a trial court`s order
taking cognisance of charges against them in a
disproportionate assets case.

Justice Sunil K Gaur, however, refused to stay the
proceedings on arguments on the charges against the brothers,
who are sons of former Haryana chief minister Om Prakash
Chautala, but directed the trial court not to pronounce the
final order till further direction.

The court asked the CBI to submit its response by May

"Let the proceedings go on but final order will not be
pronounced by the trial court till the next date of
hearing.....," the court said.

The court order came on the petition filed by Chautala
brothers, who represent Indian National Lok Dal in Haryana
Assembly, challenging the February two order of the trial
court which took cognisance of charges against them in a
disproportionate assets case.

They have challenged the order on the ground that the
agency has failed to obtain the mandatory sanction before
prosecuting them and sought a stay on the court proceedings.

Their counsel contended that his clients were MLAs
when the offence was allegedly committed and are still

According to law, the investigating agency was
required to obtain sanction from the government before
prosecuting them, he argued.

The CBI had on December 24 last year filed a
chargesheet against the Chautala brothers for having assets
more than their known sources of income.

The investigating agency`s FIR listed the moveable and
immoveable properties belonging to Chautala or his family
members that had been acquired between July 1999 and March
2005 when they were public servants.

CBI had conducted a market survey and claimed in its
FIR filed in April last year that the total value of all the
properties was Rs 1,467 crore.

According to the chargesheet against Ajay, CBI claimed
that he was in possession of assets to the tune of Rs 27.74
crore --339 per cent more than his income of Rs 8.17 crore
during the period of 1993 to 2006.

The second chargesheet was filed against Abhay
alleging his assets were 522 per cent more than his income of
Rs 22.89 crore as per Income Tax records during the period of
2000 to 2005. The agency claimed to have found Rs 119.69 crore
worth of assets.


First Published: Monday, March 22, 2010 - 18:10
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