Monday, September 21

‘There appears to be two sets of laws, one for the poor common man and another for the elite class’ for bail to accused: Heart burn of the complainant against the former State Minister.



CHANDIGARH 21.09.2015, RAPRIA: ‘there appears to be two sets of laws, one for the poor common man and another for the elite class’ Police is conducting very shoddy investigation with a view to help the accused persons and the High Court has also disappointed him by granting repeated stay on the arrest of the former minister. If the accused would have been a common man he had been put behind bars; but in the present matter the accused is a former minister and the whole machinery has been working as an umbrella to protect him from arrest. The arguments raised by his counsel and the documents placed on record by his counsel are not even referred in the order of the High Court. In this regard, his counsel Mr. Rapria had to file an application supported by an affidavit before the court to ensure the marking of his presence in the last order, but still no formal is passed by the court on such application. Further, his counsel had placed on record more than 20 judgments of Justice Shekhar Dhawan and other judges of the High Court; in which the court had declined bail to the accused involved in the petty offences like matrimonial disputes, for not paying loan for tractor loan, offences involving agreement to sale etc. It appears the whole machinery is working to grant privilege to the former minister and other accused person’ This is the agony and heart burn of the complainant against the former Minister of Haryana, Sukhbir Kataria who is accused of creating mass bogus votes touching the number of more than 32,000, the all non-existent voters of Gurgaon constituency.
Justice Shekhar Dhawan of High Court on Monday heard the arguments on the Anticipatory Bail Application of former State Minister of Haryana and extended the stay of arrest till 20.10.2015, the next date of hearing. SIT, Gurgaon informed the court that though the minister had joined investigation, but still the forged documents used for procuring the bogus votes were yet to be recovered. On the other hand the Pardeep Rapria, Advocate for the complainant Om Parkash Kataria informed the court the accused minister had managed to get the order dated 26.08.2015 by misleading the court, by making a false statement that he was not aware on the earlier order of the High Court directing the minister to join investigation. In actuality, the SIT’s written Notice to the accused minister and the Statement of the Investigating Office recorded in the Police Diary, obtained by filing RTI Application, states that before the hearing on 26.08.2015 in the High Court  ‘the I.O. on 19.08.2015 had visited the house of the accused minister; informing him that he was required to join investigation as per the directions of the High Court’ Therefore, the counsel for the complainant requested the court to cancel the anticipatory bail application of the accused minister. Mr. Bedi the counsel for the accused made statement that his client was ready to join investigation on receipt of notice from the police.
            Mr. Rapria counsel for the complainant emphatically made statement that the accused minister is involved in the most heinous offences of hampering the growth of a healthy democracy by polluting the election process by creating thousands fake votes; by means of large scale impersonation, massive fabrication and forgery of documents, with the ultimate aim of hijacking the democracy.
            After hearing the arguments, Justice Shekhar Dhawan extended the concession of anticipatory bail till 20.10.2015, with the direction that ‘Petitioner shall join investigation on receipt of written notice from Investigation Officer
            Mr. Rapria counsel for the complainant emphatically made statement that the accused minister is involved in the most heinous offences of hampering the growth of a healthy democracy by polluting the election process by creating thousands fake votes; by means of large scale impersonation, massive fabrication and forgery of documents, with the ultimate aim of hijacking the democracy.
            After hearing the arguments, Justice Shekhar Dhawan extended the concession of anticipatory bail till 20.10.2015, with the direction that ‘Petitioner shall join investigation on receipt of written notice from Investigation Officer

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