In an interim relief to Haryana's chief parliamentary secretary Ram Kishan Fauji in graft compact disc (CD) case, the Punjab and Haryana high court has directed the Haryana government to investigate the CD for its authenticity and not to register first information report (FIR) till next date of hearing on April 21.
After hearing the arguments on Friday, justice Ritu Bahri said, "state is bound by the Lalita Kumari judgment (Supreme Court) to first carry out investigation and then only go for FIR."
It was on January 20 that Haryana lokayukta justice Pritam Pal (retd) had recommended registration of a criminal case against Fauji on a reference received by his office from the state government under Section 8 (1) of the Haryana Lokayukta Act. Fauji had approached the high court challenging lokayukta's judgment.
The CD allegedly shows Fauji seeking `5 crore in lieu of getting the change of land use (CLU) permission for a land in Gurgaon and was released by Indian National Lok Dal leaders in September last year.
Though the high court had on last date of hearing had given state government two days' time to clear its stand but the state government on Friday was seen requesting the court for some more time.
In his petition filed before the high court, Fauji had submitted that before registration of a criminal case against him, forensic examination of the CD was important to find out whether or not the CD was concocted.
Supreme Court judgment
Supreme Court constitution bench headed by chief justice of India, P Sathasivam, in case Lalita Kumari vs Govt of UP and others had ruled on November 12, 2013, "…what is necessary is only that the information given to the police must disclose the commission of a cognizable offence. In such a situation, registration of an FIR is mandatory. However, if no cognizable offence is made out in the information given, then the FIR need not be registered immediately and perhaps the police can conduct a sort of preliminary verification or inquiry for the limited purpose of ascertaining as to whether a cognizable offence has been committed."