The Punjab and Haryana High Court on Wednesday set aside the orders framing charges against former Haryana chief minister Bhupinder Singh Hooda and The Associated Journals Limited (AJL) in the Panchkula plot re-allotment case. Among other things, the bench held that the material on record did not even prima facie disclose the ingredients of the alleged offences.The ruling virtually clears Bhupinder Singh Hooda in one of the most politically sensitive cases linked to his tenure, removing the immediate shadow of prosecution in the Panchkula plot matter. For AJL, it brings judicial affirmation that the re-allotment, having never been declared illegal and having been duly ratified and implemented, could not be criminalised in the absence of demonstrable loss, conspiracy or dishonest intent.Allowing the petitions, Justice Tribhuvan Dahiya ruled: “The impugned orders, dated April 16, 2021, framing charges against the petitioners as well as dismissing the discharge application, are hereby set aside along with all subsequent proceedings arising therefrom, and the petitioners stand discharged.”The bench also came down heavily on the Central Bureau of Investigation (CBI), terming its approach legally untenable and observing that continuation of the prosecution would amount to an “abuse of the process of court”.Court’s core findingsJustice Dahiya observed that the entire case of CBI rested on the allegation that Hooda had, in 2005, illegally re-allotted an institutional plot in Sector 6, Panchkula, to AJL at original rates after it had earlier been resumed. The agency claimed the move was without authority, in violation of statutory provisions, and intended to confer pecuniary advantage.But the court found no material to substantiate conspiracy, cheating, abuse of official position, or wrongful gain or loss. It asserted that the re-allotment had been unanimously ratified by the competent authority, had not been declared illegal by any court or tribunal, and had been fully implemented.“It is unfathomable as to how the investigating agency can consider the re-allotment of plot unlawful on its own, and proceed to register a criminal case on that basis. This is absolutely illegal, and far from any procedure known to law,” Justice Dahiya asserted.Background of the caseThe dispute pertains to institutional plot No. C-17 in Sector 6, Panchkula, originally allotted by Haryana Urban Development Authority (HUDA), now known as Haryana Shehri Vikas Pradhikaran, to AJL in 1982. The plot was resumed in 1992 for failure to raise construction within ten years. AJL’s appeal and revision were dismissed in 1995 and 1996.In 2005, after Hooda assumed office as Chief Minister, the plot was re-allotted to AJL. Following a change in government in 2014, an FIR was registered by the state vigilance bureau, later investigated by CBI, alleging irregularities causing financial loss to HUDA.Charges were framed in April 2021 by the Special CBI Court, Panchkula, and Hooda’s discharge plea was dismissed, leading to the present revision petitions. Hooda was represented in the matter by senior advocates RS Cheema and Sartej Singh Narula. Hooda’s petition was filed through counsel Arshdeep Singh CheemaNo illegality, no loss, no conspiracyJustice Dahiya observed that the re-allotment order dated August 28, 2005, had been ratified ex-post facto by the authority on May 16, 2006. The decision had neither been reviewed nor recalled, nor declared illegal by any court. AJL had paid the entire re-allotment price and extension fee, raised construction, and received an occupation certificate in August 2014.“No grievance has been raised regarding any loss to the authority; nor has AJL or any other accused been called upon to make good any perceived harm. Even the Government auditors have dropped their objection regarding financial loss,” the court recorded.On the allegation of conspiracy, Justice Dahiya held there was no material to indicate any agreement between Hooda and AJL to cheat the authority.“It is, therefore, rather strange to accuse the AJL of harbouring any intention to cause loss to the authority by seeking restoration of the plot in question. And once the intention of causing any loss cannot be attributed to AJL, it cannot be accused of conspiring with BSH for any wrongful gain,” the judgment said.Justice Dahiya added all documents relied upon by CBI showed Hooda had acted independently and on official advice. “Evidently, nothing suggests a joint effort or any meeting of minds between AJL and BSH with the intention to get the plot re-allotted.”No abuse of position under PC ActAddressing the allegation under the Prevention of Corruption Act, Justice Dahiya observed that abuse of official position presupposed an unlawful act. In the present case, the re-allotment had not been declared illegal by any competent forum.“The ratification gives validity to the order from the date it has been passed,” the court held, adding that in the absence of wrongful loss or wrongful gain, there could be no dishonest inducement.On CBI’s contention that mortgaging the property indicated criminal intent, Justice Dahiya rejected the argument, noting that the mortgage had been executed with prior consent of the authority and did not violate any specific term of re-allotment. It also observed that the mortgage, executed seven years later, could not retrospectively taint the 2005 re-allotment.“It is a settled law that passing an order against the policies, guidelines or opinions and in ignorance of any fact cannot be a basis to attribute dishonest intention to the accused,” the bench said.Charges ‘perverse’, prosecution a miscarriage of justiceConcluding that essential ingredients of offences under Sections 120-B and 420 of the IPC and provisions of the Prevention of Corruption Act were not made out even prima facie, the court held: “Accordingly, the orders passed by Special Judge rejecting the petitioner’s discharge application and framing charges are perverse and have resulted in miscarriage of justice.”Terming further prosecution an “abuse of the process of court”, Justice Dahiya allowed both petitions and discharged Hooda and AJL from the case.