Did Rajasthan HC Just Open A New Chapter for ACB Against Former Minister?
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Synopsis
In a significant legal development, the Rajasthan High Court has empowered the Anti-Corruption Bureau to act against former minister Shanti Dhariwal regarding the controversial single-lease case. This pivotal decision comes after prior exoneration by the Gehlot government, now reopening scrutiny and investigation into the matter.
Key Takeaways
- Rajasthan High Court empowers ACB to act against Shanti Dhariwal.
- Previous clean chit by the Gehlot government is now under review.
- Next court hearing set for December 5.
- Case involves allegations of corruption related to a single-lease transaction.
- The Supreme Court's involvement highlights the importance of judicial oversight.
Jaipur, Nov 1 (NationPress) The Rajasthan High Court has authorized the Anti-Corruption Bureau (ACB) to initiate proceedings against former state Minister Shanti Dhariwal in the single-lease case, reviving an issue that previously saw the Gehlot government exonerate him.
This ruling opens the door for the examination of pending protest petitions that contest the ACB’s closure report. The next court session is scheduled for December 5.
Acting Chief Justice Sanjeev Prakash Sharma issued this directive in response to Dhariwal’s petition. The court emphasized that the pending protest petitions regarding the ACB's closure report must be resolved by the trial court, and that judicial processes must continue.
In court, representatives of the government including ASG S.V. Raju, AAG Shiv Mangal Sharma, and advocate Sonali Gaur argued that Dhariwal's petition lacked merit, pointing out that no charge sheet had been filed and that protest petitions were already before the ACB court.
In response, Dhariwal’s legal counsel contended that the former minister had been implicated in the original complaint but was later cleared after a comprehensive investigation in 2019.
The defense maintained that Dhariwal was justified in seeking relief from the High Court after the trial court dismissed the closure report.
With this recent order, the ACB is now permitted to revisit the case, potentially calling Dhariwal for further questioning.
This issue has a complicated history. The contested lease was granted by the Jaipur Development Authority (JDA) on June 29, 2011, to Shailendra Garg of Ganpati Construction.
After a complaint from Ramsharan Singh in 2013, several officials, including then-ACS G.S. Sandhu, Deputy Secretary Nishkam Diwakar, and Zone Deputy Commissioner Omkarmal Saini, were arrested, leading to a challan being filed. The lease was subsequently annulled in May 2013.
The Vasundhara Raje administration initiated the case in 2014, but later, under the Gehlot government, the ACB submitted three closure reports, each clearing Dhariwal and other officials.
The Supreme Court, in November 2024, had already mandated that the Chief Justice personally adjudicate the case, overriding previous High Court rulings that had dismissed actions against the accused. Consequently, the High Court has now reopened the path for ACB’s engagement.
Point of View
It is crucial to observe that the Rajasthan High Court's recent ruling reflects a significant step towards accountability and transparency in governance. The reopening of this case underscores the ongoing struggle against corruption and the importance of judicial oversight in maintaining integrity within public office. This is a pivotal moment for both the Anti-Corruption Bureau and the political landscape in Rajasthan.
NationPress
03/11/2025
Frequently Asked Questions
What is the single-lease case about?
The single-lease case involves a controversial lease issued by the Jaipur Development Authority to a construction firm, which has been linked to allegations of corruption and misconduct involving several state officials.
What was the outcome of the previous investigations?
The ACB had previously submitted three closure reports, clearing former minister Shanti Dhariwal and other officials of wrongdoing, which were upheld by the Gehlot government.
When is the next hearing scheduled?
The next hearing in this case is set for December 5.
What role does the Supreme Court play in this case?
The Supreme Court directed that the Chief Justice personally hear this case, ensuring that the proceedings are carefully scrutinized and not dismissed lightly.
What could be the implications of this ruling?
The High Court's decision to allow ACB to act could lead to renewed investigations, potential questioning of Dhariwal, and a broader examination of corruption within the state's governance.
