The Supreme Court on Monday gave a go ahead for criminal prosecution of Indian National Lok Dal leaders Ajay and Abhay Chautala in a disproportionate assets case.
The bench headed by justice VS Sirpurkar dismissed the plea of Chautala brothers that sought to quash the criminal case against them. The duo had moved the SC seeking the quashing of the case on the ground there was no sanction from the appropriate authority before initiating proceedings against them.
The SC held there was no need to take sanction before the prosecution of the brothers and vacated its stay on the proceedings before the trial court.
The apex court had on October 22 last year ordered stay of the proceedings against the sons of former Haryana chief minister Om Prakash Chautala. The court did not allow further proceedings on the appeal filed by the two brothers challenging the trial court’s summoning order against them.
The Chautalas argued that the CBI had filed its chargesheet without obtaining the “mandatory sanction” from the government to prosecute them. They alleged the probe against them was politically motivated.
The brothers contended they were members of the legislative assembly when the alleged offence was committed by them and that as per section 197 CrPc, the CBI should have taken the necessary sanction.
The Delhi high court had on July 8 dismissed the brothers' petition challenging the trial court's order.
The CBI had in December last year filed its chargesheet against the two leaders.