Khandu Alleged for corruption: Supreme Court dismisses petition

STATE: A preliminary inquiry into the corruption charges on Chief Minister Pema Khandu was labeled by Nabam Tagam, thereafter the Supreme Court took a look at the writ petition (criminal) filed against Khandu but later on, on the 14th of December 2021, dismissed the petition.

Earlier Nabam Tagam had filed an Interim Application praying that the Supreme Court may direct the CBI to conduct a preliminary inquiry into the allegation of corruption as labeled in his Writ Petition (Criminal)-165/2021 while the said WP (Cr) 165/2021 is pending in the apex court. The news of the Petition being dismissed by the Supreme court is not a final judgment, as the main case of the hearing will take place on the 3rd of January 2021 as informed by Tagam.

In-Depth

Nabam Tagam of Arunachal Justice Forum (AJF), who is also a social worker, pleaded with the apex court to direct the Central Bureau of Investigation (CBI) to conduct a preliminary inquiry into the corruption charges on Chief Minister Pema Khandu but was dismissed by the Supreme Court.

The Supreme Court dismissed the Interim Application in Writ Petition (Criminal)-165/2021 filed against the HCM Khandu.

Mentioning the affidavit filed by Khandu before the election, Tagam alleged that Chief Minister Pema Khandu has acquired huge assets by means of corruption and a proper CBI investigation is needed to decipher the truth.

He went on to allege that apart from that Khandu has huge undisclosed properties.

Further, he went to state that the Khandu has made several illegal Appointments in the state, and government under him, within a span of 7 years, entered in secret MOUs of 133 with various power developers without prior information and consent of Panchayati Raj Institutions, Landowners, Traditional Village Authorities and members of Political parties.

Tagam also alleged Khandu for misappropriation of Rs.24000 Crore under PM Package.

Khandu had secretly given the minerals and mining license rights to the private companies with competitive bidding. Tagam had a list of points targeting the HCM Khandu for involving in various corruption activities.

The three-judge bench comprising of Chief Justice of India Nuthalapati Venkata Ramana, Justice AS Bopana and Justice Hima Kohli observed that ‘there is no need to pass any interim order in the said application at this stage while disposing it of.’

“Having heard learned senior counsel appearing for the petitioners, learned senior counsel appearing for the   State of Arunachal Pradesh and carefully perusing the material available on record, we find that the main relief and the interim relief prayed for are one and the same and as such, there is no need to pass any interim order in the said application at this stage.  In view of the above, the said application stands disposed of,” the three-judge bench observed while dismissing the Interim Application No. 59851/2021.\

Additional Advocate General, Anil Shrivastav who was representing the state of Arunachal Pradesh stated that “The Supreme Court has not entertained the interim application filed by AJF Nabam Tagam praying the apex court for interim order to issue directing CBI to conduct preliminary enquiry on corruption charges against Chief Minister Pema Khandu,”.

As per the Arunachal times article, It is learned that Tagam did not substantiate documentary evidence on the allegations labeled against CM Khandu. The apex court ruling came amidst the conglomeration of organizations accusing CM Khandu government of indulging in multi-crore corruption and demanding his resignation.

RECAPITULATION:

On 19 April 2021, the writ petition was listed before the Supreme Court for an admittance hearing. The apex court rejected the petition asking it to be filed in the High Court of the respective jurisdiction. The petitioner then prayed before the Court that an SLP on similar allegations bearing No. SLP(C) No. 31233/2010 (Rahul Agarwal Vs State of AP) is pending in the Supreme Court.

The apex court however allowed the petition to be tagged with SLP(c) 31233/2010 without any order for issuing notices to anybody meaning WP(Cr) 165/2021 filed by AJF was not technically admitted yet.

The next hearing is scheduled to be held on the 3rd of January 2022.

[email protected]

Jon Pebi Tato, Managing Editor, The SPACE