The Delhi High Court issued notice on Thursday on a petition filed by former Haryana Chief Minister Om Prakash Chautala, challenging a Trial Court order,
which had convicted and sentenced him to 4 years imprisonment in connection with a case under Corruption Act.
The Single-Judge Bench of Justice Yogesh Khanna also called for nominal roll from the jail authorities and listed the mater for July 25 for further hearing.
The Counsel representing Chautala argued that while he was convicted for a period of four years, he has already undergone five years and six months in jail.
The lawyer further said that Chautala’s further imprisonment was in violation of the settled judicial decisions of the Supreme Court and hence, it was requested that nominal roll from jail be called by the Court.
Special Judge (PC Act) Vikas Dhull had convicted Chautala on May 27, 2022 under Section 13(1)(e) of the Prevention of Corruption Act, 1988.
The Central Bureau of Investigation (CBI) had filed a disproportionate assets case against him in 2005, while the charge sheet was filed in 2010. As per CBI, Chautala had allegedly amassed assets between 1993 and 2006 that were disproportionate to his legitimate sources of income.
Chautala was accused of accumulating assets disproportionate to his known lawful sources of income as Chief Minister of Haryana during July 24, 1999 to March 5, 2005, in collusion with his family members and others.
It was claimed that he had accumulated enormous wealth and invested the same throughout the country in the shape of thousands of acres of land, multi complexes, palatial residential houses, hotels, farmhouses, business agencies, and petrol pumps. Chautala was also convicted by the CBI Court in the same case as he failed to satisfactorily account for the assets detected by CBI. The value of disproportionate assets so acquired came out to be Rs 2.18 crore.
CBI had sought maximum punishment of seven years and fine, however, the Trial Court, taking in account Chautala’s age, disability and various ailments he was suffering from, opined that four years Rigorous Imprisonment was just and reasonable to meet the ends of justice. Further, exercising its powers of this court to confiscate the properties of convict under Section 452 Cr.P.C. with regard to offence of disproportionate assets under the PC Act, 1988, the court had ordered to confiscate assets worth Rs 2,48,59,363.06 (out of the total disproportionate assets of Rs.2.81 Crores).