Shimla: Former union minister Virbhadra Singh today withdrew his writ petition with liberty to challenge the action of vigilance of not investigating the CD case allegedly involving chief minister Prem Kumar Dhumal and DS Minhas director general police, who incidentally retired today.
Division bench comprising chief justice Kurian Joseph and Justice DC Chaudhary accepted Virbhadra plea and permitted him to withdraw the petition without prejudice to their liberty to peruse their relief as far as prayer for investigation of FIR 7of 2010 registered against unknown persons at police station CID Shimla qua a CD containing the voice of Dhumal from CBI.
Vibhadra Singh and Partibha Singh had filed the writ petition for quashing of FIR No27/2009 or in alternative transfer the investigation of this FIR to Central Bureau of Investigation.
Petitioners had also prayed for transfer of FIR 7/2010 to CBI as the alleged CD is said to have contained the voice of Dhumal.
The petitioner had alleged that prosecution was applying different yardsticks to investigate two
similar offences involving a CD.
It was alleged that investigating agency had registered an FIR against unknown person in FIR7/2010, whereas CD allegedly containing voices of Virbhadra Singh and Partibha Singh, a case was registered against them.
It was further alleged that investigating agency had made an attempt to involve Amit Paul, the
then OSD to Virbhadra Singh.
Petitioners further alleged that CD pertaining to them was sent to CFSL Chandigarh, where as CD pertains to Dhumal was sent to FSL Gujrat for authenticity.
It may be mentioned here that vigilance department had lodged FIR against petitioners on August3,2009 on the basis of an audio CD released by Vijay Singh Mankotia at a press conference in Dharamshala on May 28, 2007 alleging that it contained the voices of Virbhadra Singh, Pratibha Singh, a retired IAS officer Mohinder Lal (now deceased) and one KN Sharma (now deceased).
The case was registered under Prevention of Corruption Act 1988section 13 (1) (d)(ii) and at anti-corruption police station in Shimla
On basis of the challan placed before the trial court, charges have been framed against the petitioner and proceedings were pending till the disposal of the petitions filed before the high court.
With the petitions before the High Court standing withdrawn, the trial court can now proceed with the case in accordance with law.