Rajasthan High Court Critiques State Government in Dhariwal's Single-Lease Matter
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Synopsis
The Rajasthan High Court expressed strong criticism towards the state government regarding delays in a long-standing single-lease case. Chief Justice MM Srivastava emphasized the need for timely action, noting a Supreme Court directive. The case involves allegations against former officials, with a crucial hearing scheduled for March 19, 2024.
Key Takeaways
- Rajasthan High Court reprimands state government over delays.
- Chief Justice MM Srivastava demands timely resolution.
- Case involves former minister Shanti Dhariwal and other officials.
- Next hearing is scheduled for March 19.
- High-level committee reports serious lapses in investigation.
Jaipur, Feb 10 (NationPress) The Rajasthan High Court on Monday sternly criticized the state government for its delays in the 11-year-long single-lease case. The government had requested additional time to provide documents pertinent to the case, triggering a strong reaction from Chief Justice MM Srivastava.
Chief Justice Srivastava, expressing discontent, remarked, “Initially, you approached the Supreme Court to expedite the resolution of the case. Now, you request more time here in the High Court.”
He further emphasized that the Supreme Court had previously mandated the case to be settled within six months.
The next court session is set for March 19. Previously, the state government submitted a new petition in the High Court, contesting the closure report that had exonerated former minister Shanti Dhariwal and several officials. The government contended that the report was based on a deficient and flawed investigation.
To reassess the situation, the government established a high-level committee led by retired judge R.S. Rathore. The committee's preliminary findings highlighted significant shortcomings in the investigation and the closure report.
The investigation overlooked critical documents and vital evidence, resulting in a biased conclusion. Consequently, the Rajasthan government opted to rectify these procedural mistakes and guarantee a fair and transparent investigation into the corruption allegations, as stated in the report.
However, the High Court dismissed the government’s request to retract the revision petition, ruling that the decision regarding the withdrawal request would hinge on the final outcome of the ongoing proceedings.
On November 5, 2024, the Supreme Court annulled two prior High Court orders—dated January 17, 2023, and November 15, 2022.
The Supreme Court instructed that the Chief Justice himself should preside over the case in the High Court and deliver a judgment within six months. The High Court resumed hearings in the single-lease matter on December 6, 2024.
While the January 17, 2023, High Court order had suspended criminal proceedings against former ACS GS Sandhu, Deputy Secretary Nishkam Diwakar, and Zone Deputy Commissioner Omkarmal Saini, the November 15, 2022, High Court ruling had annulled the protest petition and other criminal proceedings against Shanti Dhariwal, offering him relief.
The case dates back to 2011 when the Jaipur Development Authority (JDA) issued a single lease to Shailendra Garg, proprietor of Ganpati Construction, on June 29, 2011.
In 2013, complainant Ramsharan Singh brought the matter to the Anti-Corruption Bureau (ACB), prompting an investigation. Following the complaint, the then ACS GS Sandhu, Deputy Secretary Nishkam Diwakar, and Zone Deputy Commissioner Omkarmal Saini were arrested, along with Shailendra Garg and two others. A challan was filed against them in the ACB court.
The JDA annulled the single lease on May 25, 2013, after the situation escalated. The ACB officially registered the case on December 3, 2014, during the tenure of the Vasundhara Raje government.
A challan was also presented against the accused, and the then UDH Minister Shanti Dhariwal was interrogated. However, when the Gehlot government assumed power, the ACB submitted three closure reports, absolving former IAS GS Sandhu, former RAS Nishkam Diwakar, and Omkarmal Saini of all charges.
With the High Court now meticulously examining the case, the upcoming hearing on March 19 will be pivotal in determining its outcome, officials stated.
