HC rejects applications of 5 accused
NRHM scam Kushwaha, Shukla among those praying for quashing of chargesheets.
The Allahabad High Court on Tuesday rejected the petitions of five accused, including IAS officer Pradeep Shukla and former minister Babu Singh Kushwaha, for quashing the chargesheets filed against them by the CBI in the multi-crore NRHM scam.
Also, Pradeep Shukla, former principal secretary of Health, was directed to surrender before the trial court in Ghaziabad on or before March 19. Till that time, coercive processes issued by the trial court, like arrest warrant, would remain stayed.
The court passed the order after the CBI, through its counsel Anurag Khanna, opposed Shukla's plea that he be granted interim bail the same day he appeared before the trial court in connection with the second chargesheet filed against him.
The court also directed the UP chief secretary to consider setting up of special courts for expeditious trial of the cases registered in connection with the NRHM scam.
Apart from Shukla and Kushwaha, the other accused who challenged the three chargesheets filed by the CBI were Devendra Mohan and Ravindra Rai, managing director and general manager respectively in the Uttar Pradesh Projects Corporation Limited, and B N Srivastava, the then project manager in UPPCL.
In his judgement, which was reserved on January 24, Justice Sunil Hali said, "It cannot be said that the material facts disclosed in the chargesheet do not disclose commission of cognizable offence. It is to be noted with caution that the court at this stage is only to examine the prima facie evidence and not to analyse the probability of this evidence."
"Mere filing of the chargesheet by itself would not meet the ends of justice unless trial in the matter is concluded expeditiously.Direction is issued to the chief secretary for considering the constitution of special courts to try these types of cases'', the court said. The court gave three months' time to the government for taking a decision.
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