The plea of the son of former Haryana chief minister Om Prakash Chautala would be taken up for hearing by Justice M L Mehta.
In his petition filed through counsel Amit Sahani, the Indian National Lok Dal leader challenged the special court's order contending that he was not a public servant till May 24, 1993, when the CBI's alleged 'check period' began.
Special CBI judge P S Teji had, on September 23, found "prima facie" evidence against Ajay and had framed charges under various provisions of the Prevention of Corruption Act against him for allegedly possessing assets, found to be 339.27 per cent exceeding his legal income between May 1993
and May 2006.
His legal income in that period was Rs 8.17 crore, while he had acquired assets worth Rs 27.7 crore, the CBI had said in its charge sheet.
Ajay, however, contended, in his petition, "Since petitioner was not a public servant as on May 24, 1993 the entire purpose of holding trial with the charge of having acquired assets disproportionate to his known source of income for the period May 24, 1993 to May 31, 2006 is against the provisions of PC Act."
He contended the same fact has been concealed by the CBI in its charge sheet filed in the court on December 24, 2009.
The special court while framing charges against Ajay had said "Ajay Chautala had purchased "benami" properties in the name of five others accused in the case.
New Delhi: Delhi High Court will on Wednesday hear the plea moved by Haryana legislator Ajay Singh Chautala challenging a special court order to try him for allegedly possessing wealth exceeding his legal income.
First Published: Wednesday, January 04, 2012, 08:40