Budhiraja walks free in 2018 property defacement case
The case stems from a complaint filed by Rajesh Jogpal, the then municipal corporation commissioner, Panchkula, who accused Budhiraja of illegally erecting sign boards and hoardings across the city in his capacity as NSUI president without necessary permissions.
Former NSUI president Divyanshu Budhiraja, who was accused in a public property defacement case, was acquitted by the court of chief judicial magistrate (CJM), Panchkula on Tuesday. The case pertains to January 28, 2018, when Budhiraja was booked under section 3A of the Haryana Prevention of Defacement of Property Act, 1989, by sector-14 police for allegedly erecting unauthorised hoardings across the city.
The case stems from a complaint filed by Rajesh Jogpal, the then municipal corporation commissioner, Panchkula, who accused Budhiraja of illegally erecting sign boards and hoardings across the city in his capacity as NSUI president without necessary permissions. After the case went to trial, Budhiraja was declared proclaimed offender (PO) by the court on December 15, 2023 for his non-appearance.
While contesting the Lok Sabha elections last year from Karnal seat, Budhiraja appeared and surrendered before the Panchkula court. He pleaded not guilty to the charges, which were framed on April 4, 2025, and opted for a full trial.
While delivering a verdict of acquittal, CJM Ajay Kumar pointed out lack of direct evidence linking Budhiraja to the act of installing the hoardings. The court observed that none of the witnesses examined by prosecution saw the accused install the sign boards/hoardings.
The court pointed out the investigating agency’s failure to involve any potential labourers or contractors who might have acted on Budhiraja’s instructions. The court noted that the entire prosecution case rested on the assumption that Budhiraja’s position as NSUI president automatically made him responsible for the hoardings.
The court further highlighted the prosecution’s investigative shortcomings, stating that no efforts were made to collect footages of any CCTV cameras installed at different roundabouts in Panchkula nor any documentary evidence was collected and led to demonstrate that the accused was even working as president of NSUI at relevant time
During the trial, prosecution witness Madan Lal, a sanitary inspector, admitted in his cross-examination that he did not witness anyone install the hoardings. He had stated that approximately 152 hoardings were erected and subsequently removed and deposited by him in the MC office, the court found it ‘very strange’ that these hoardings were never taken into police custody or presented as evidence during the trial, despite being central to the case.
Court, while relying on precedents set by Delhi high court in similar cases like observed that “mere putting of the banner/hoardings or different sign boards etc. would not amount to defacement as provided by Section 3A of the PDP Act, 1989,” unless the act involved specific forms of marking or writing.
Based on the lack of direct evidence and the gaps in investigation, the court concluded that the prosecution had failed to establish Budhiraja’s guilt, consequently,acquitting him.
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Panchkula court in May, 2024 had given bail to Budhiraja in connection with this 2018 property defacement case, while he was contesting from the Karnal seat against former CM ML Khattar.