SC stays criminal trial in Himachal Pradesh Cricket Association case

SHIMLA: In a major relief to Himachal Pradesh Cricket Association (HPCA) headed by BJP MP Anurag Thakur, the Supreme Court on Monday stayed the criminal trial pending before special judge, Dharamshala, in a case registered under the provisions of cheating, criminal conspiracy and Prevention of Corruption Act. The apex court has also summoned complete case records from the lower court.
State Vigilance and Anti-Corruption Bureau had registered an FIR against HPCA on August 1, 2013 at the vigilance bureau police station in Dharamshala under the provisions of cheating, criminal conspiracy and Prevention of Corruption Act. It was alleged in the FIR that HPCA first registered itself as a company and later got itself registered under the Societies Act and got land on lease from the government at a token cost of Rs 1. It further claimed that as per rule, the government cannot give land on token money to any company or commercial organization, sources said. HPCA had got the land on lease in 2001 to construct a stadium.
The FIR further said that after the construction of stadium, commercial activity was started with the opening of a hotel and restaurant. On July 14, 2005 a company with the name of Himalayan Cricket Players Association was registered before the Registrar of Companies in Kanpur and after one-and-half month it was converted into Himachal Cricket Association. The FIR further alleged that in 2011 once again it was converted into a company and in 2012 it was changed into a society. Allegations were made in the FIR that all this was done without informing the district administration and government.
HPCA had filed a plea before the Himachal Pradesh high court seeking quashing of the FIR but it was dismissed by the court on April 25 last year stating that no case for interference was made out at that stage. Later HPCA had approached the Supreme Court against the high court order.
HPCA in its petition had submitted in the Supreme Court that whatever land allotted to HPCA on lease was still owned by HPCA and the cricketing body is only the lessee. Second submission was made that HPCA converted itself from a society to company with the prior approval of BCCI. On Monday the case was heard and the Supreme Court stayed the criminal case pending before the special judge at Dharamshala.
The development holds significance as in the same case VB on March 26 had sought prosecution sanction against former chief minister Prem Kumar Dhumal, his MP son AnuragThakur and 6 other officials. Himachal Pradesh governor Urmila Singh on April 3 last year had granted sanction to the state home department, thus clearing the decks for criminal prosecution of former chief minister Prem Kumar Dhumal.
On April 25 last year, immediately after the Himachal Pradesh high court dismissed the petition of HPCA, VB had produced challan against HPCA that also included the names of former chief minister Prem Kumar Dhumal, his MP son and HPCA president Anurag Thakur besides several IAS and HAS officers in the circuit court of Nurpur sub-division of Kangra district.