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Rajasthan HC Reprimands State Govt In Dhariwal’S Single-Lease Case
Expressing displeasure, Chief Justice Srivastava said,“First, you went to the Supreme Court to get an order for an early settlement of the case. Then, you seek more time here in the High Court.”
He further noted that the Supreme Court had already directed the case to be resolved within six months.
The next hearing has been scheduled for March 19. Earlier, the state government filed a fresh petition in the High Court, challenging the closure report that had given a clean chit to former minister Shanti Dhariwal and other officials. The government argued that the report was based on an incomplete and flawed investigation.
To reassess the case, the government set up a high-level committee under retired judge R.S. Rathore. The committee's preliminary report pointed out serious lapses in the investigation and the filing of the closure report.
According to the findings, key documents and crucial evidence were overlooked, leading to an unfair conclusion. The Rajasthan government hence decided to correct these procedural errors and ensure a fair and transparent investigation into corruption allegations, said the report.
The High Court however denied the government's request to withdraw the revision petition and ruled that the decision on the withdrawal request will depend on the final outcome of the ongoing proceedings.
On November 5, 2024, the Supreme Court quashed two earlier High Court orders-dated January 17, 2023, and November 15, 2022.
The Supreme Court directed that the Chief Justice himself should hear the matter in the High Court and deliver a verdict within six months. The High Court resumed hearings in the single-lease case on December 6, 2024.
While the January 17, 2023 High Court order had halted criminal proceedings against former ACS GS Sandhu, Deputy Secretary Nishkam Diwakar, and Zone Deputy Commissioner Omkarmal Saini, on November 15, 2022, the High Court had quashed the protest petition and other criminal proceedings against Shanti Dhariwal, giving him relief.
The case's history goes back to 2011 when the Jaipur Development Authority (JDA) issued a single lease in the name of Shailendra Garg, proprietor of Ganpati Construction, on June 29, 2011.
In 2013, complainant Ramsharan Singh reported the matter to the Anti-Corruption Bureau (ACB), which led to 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 cancelled the single lease on May 25, 201,3 after the matter 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 questioned. However, when the Gehlot government came to power, the ACB submitted three closure reports, clearing former IAS GS Sandhu, former RAS Nishkam Diwakar, and Omkarmal Saini of all charges.
With the High Court now scrutinising the case closely, the next hearing on March 19 will be crucial in determining its outcome, said officials.
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