IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

C.W.P. No. 7192 OF 2007

Date of Decision: March 5, 2008

Nirmal Singh Kahlon

...Petitioner

Versus

State of Punjab and others.

CORAM:

HON'BLE MR. JUSTICE M.M. KUMAR

HON'BLE MR. JUSTICE T.P.S. MANN

Present:

Mr. Ashwani Kumar Chopra, Senior Advocate with

Ms. Rupa Pathania, Advocate,

for the petitioner.

Mr. Rupinder Khosla, Addl. AG, Punjab with

Ms. Charu Tuli, Sr. DAG, Punjab,

for the respondents.

M.M.KUMAR, J.

The instant petition is directed against the order dated

7.5.2007 (P-8), passed by the Special Judge, Rupnagar, rejecting the

application filed by the petitioner for dropping the proceedings of

case FIR No. 11, dated 16.5.2002, under Sections 420, 467, 471, 120-

B IPC and Section 13(1)(d) read with Section 13(2) of the Prevention

of Corruption Act, 1988 (for brevity, `the Act'), registered at Police

Station Vigilance Bureau, Flying Squad-I, Mohali.

The petitioner Nirmal Singh Kahlon was inducted as a

Cabinet Minister in the Akali Dal Government during the period 1997

C.W.P. No. 7192 of 2007

to 2002. The petitioner has alleged that the Congress Chief Minister,

Capt. Amarinder Singh, assumed his office and launched a drive

against corruption. According to the petitioner this was a motivated

and an arbitrary action intended to harass and falsely implicate the

former ministers holding different portfolios in the cabinet of Shri

Parkash Singh Badal, the then Chief Minister of Shiromani Akali Dal.

The Ministers were sought to be involved in false and frivolous cases.

Firstly, the State Government issued a notification on 19.12.2002. A

false complaint was made against the petitioner and on 16.5.2002 an

FIR No. 11, under Sections 420, 467, 120-B IPC and Section 13(1)(d)

read with Section 13(2) of the Act, was registered against him at

Police Station, Mohali. Another FIR No. 13, dated 14.6.2002, under

Sections 420, 467, 468, 120-B IPC and Section 13(1)(d) read with

Section 13(2) of the Act was also registered at Police Station,

Vigilance Bureau, Flying Squad-1, Mohali. Thereafter the

Government also issued notification dated 17.11.2003, requiring that

the cases within the jurisdiction of Police Station, Vigilance Bureau,

Flying Squad-1, Mohali, were to be tried by the Special Judge at

Ropar. Notifications dated 19.12.2002 and 17.11.2003 gave

jurisdiction to this police station all over the State of Punjab in

respect of specified cases.

In furtherance to FIR No. 11, the investigating agency

presented the challan before the Court of Special Judge, Ropar. The

allegations in the challan were made against the petitioner that he had

purchased Drag Line Machines from Escorts JCB Limited at a price

much higher than the price at which it was purchased by the State of

2

C.W.P. No. 7192 of 2007

Haryana from the same company. After presentation of the challan,

the petitioner was summoned by the learned Special Judge, Ropar.

The petitioner filed an application before the learned

Special Judge, Rupnagar, in case FIR No. 11, dated 16.5.2002, for

dropping the proceedings in the said case. In the said application

jurisdiction of learned Special Judge, Rupnagar, was challenged

primarily on the ground that the Court of Special Judge could not

entertain and try the case, inasmuch as, the alleged act was done at

Chandigarh, which is outside State of Punjab and that the FIR was

registered on 16.5.2002, whereas notification conferring jurisdiction

upon the Court was issued on 17.11.2003. It was also urged that

sanction under Section 197 Cr.P.C. and Section 19 of the Act was not

obtained. Learned Special Judge, Rupnagar, dismissed the

application of the petitioner, vide order dated 7.5.2007, which is

subject matter of challenge in the instant petition (P-8).

Before the Special Judge various arguments were raised,

which did not find favour with him. The first argument raised and

rejected was that no preliminary inquiry was held. The FI