The Delhi High Court today dismissed a petition filed by INLD MLAs Ajay and Abhay Chautala, sons of former Haryana Chief Minister Om Prakash Chautala, challenging a trial court order summoning them in a disproportionate assets case.
"I find no infirmity in the order passed by the trial judge," said Justice Shiv Narayan Dhingra and rejected the Chautala brothers' plea that the CBI had failed to obtain the mandatory sanction from the competent authority before prosecuting them and sought a stay on the court proceedings.
The Chautala brothers challenged the February two order of the trial court which had taken cognisance of charges against them in a disproportionate assets case.
They had challenged the order on the ground that the probe agency had failed to obtain the mandatory sanction before prosecuting them as the brothers were MLAs when the offence was allegedly committed.
According to the law, the investigating agency was required to obtain sanction from the government before prosecuting them, the petitioners 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 immovable properties belonging to Chautala or his family members that had been acquired between July 1999 and March 2005 when they were public servants.
The 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, the CBI claimed that he was in possession of assets to the tune of Rs 27.74 crore --more than three times 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 over five times his income of Rs 22.89 crore as per income tax records during the 2000-2005 period. The agency claimed to have found Rs 119.69 crore worth of assets.