Misuse of power case: HC stays lower court's order against Dhumal
Himachal Pradesh high court on Friday stayed an order of the special judge (forest), Shimla, to summon former chief minister Prem Kumar Dhumal in a case of reemployment of retired IPS AN Sharma allegedly against rules.
Justice Rajiv Sharma passed these orders on a petition filed by Dhumal against the orders of the special judge (forest), Shimla. The court also directed the government to file a reply within two weeks. The special judge (forest), had summoned Dhumal for May 30. The court called for the entire records of the case and posted the matter for June 15.
Dhumal has challenged the orders on the ground that the prosecuting agency and home department had misled the trial court by not placing both the orders of the governor and it has been passed without taking cognizance of the orders dated January 21, wherein the then governor Urmila Singh had expressed opinion that sanction under Section 19 of the Prevention of Corruption Act was not required, while on March 21 governor Kalyan Singh had reviewed the January 21 order and denied prosecution sanction against Dhumal.
Dhumal has alleged that prosecution has suppressed the March 21 order of the governor from the court and no cognizance can be taken for any offence alleged to have been committed by a public servant during discharge of official duty without any malafide.