Chandigarh: Former Haryana Chief Minister Bhupinder Singh Hooda suffered a setback from the Punjab and Haryana High Court when it proclaimed that Dhingra Commission is continuing its probe regarding alleged controversial land deals in Gurgaon during his tenure and those allegedly linked to Rahul Gandhi and Robert Vadra, his brother-in-law.
In January 2019, a division bench of the High Court had held that the Dhingra Commission report probing these controversial land deals in Gurgaon was “legally unsustainable” and “unsustainable”. The Division Bench of Justices AK Mittal and Anupinder Singh Grewal said this after seeing a sealed copy of the report filed in 2016.
However, as two division bench judges disagreed on whether the Dhingra committee could go ahead with preparing the report or whether a new committee should be formed to look into the matter, the case was referred to Justice Anil Kshetarpal who has now clarified that he will hear it publicly so that they can continue their proceedings.
The argument that this became a “function” or ceased to exist is wrong because it didn’t dissolve. This point is also made by Justice Kshethapal, who wrote an extensive order on Friday.
Justice Kshetarpal said: “when existence of commission has not ceased, then appropriate government can resuscitate such commission for achieving its purpose which would be within spirit of provisions contained in Act.”
After this order, Government of Haryana might direct Dhingra Commission to carry on investigation. However, while doing so it should observe statutory requirement to give notices to those affected requesting them to come forward with their grievances.
Hooda had moved court challenging constitutional validity of Dhingra Commission through petition filed in 2019.
