Delhi High Court To Hear Ex-Haryana CM Om Prakash Chautala's Habeas Corpus Plea Alleging Illegal Incarceration On August 16

Former Haryana Chief Minister Om Prakash Chautala has moved the Delhi High Court alleging illegal incarceration in connection with a disproportionate assets case, claiming that he had already undergone more than 4 years of sentence.

On May 27 this year, the Trial Court had convicted Chautala for the offence under sec. 13(1)(e) of the Prevention of Corruption Act, 1988. He was sentenced to 4 years imprisonment in the matter.

The habeas corpus plea thus seeks a direction on Jail Authority to release Chautala forthwith as he had already undergone the sentence of 4 years awarded by the Trial Court.

"The Respondent No.2 though admitting that actual physical incarceration of the petitioner (5 years 6 months and 14 days) has exceeded the sentence awarded by the Ld. Special Judge (4 years) yet the petitioner was not released," the plea reads.

According to the petition, it has been said that Chautala through his Counsel had made a representation dated June 1, 2022 to the Jail Authorities for calculation of actual physical custody and to release him.

However, the plea adds that the the Jail Authorities calculated the actual physical incarceration of the petitioner above 5 years 6 months but the Jail Superintendent instead of releasing Chautala, had forwarded a letter to the Trial Court on July 2, thereby apprising about the same.

"The Respondents were duty bound to dispose of the representation of the Petitioner and to release the petitioner once it comes to their knowledge that the petitioner has already undergone the sentence awarded by the Court," the plea states.

It adds "Once the Authority concluded that the actual physical incarceration of the petitioner exceeded the sentence awarded, then it has no option but to release the petitioner forthwith."

A division bench comprising of Justice Siddharth Mridul and Justice Amit Sharma, before which the matter was listed for hearing today, noted that Chautala's appeal challenging the order of conviction and sentence is already pending before a single judge.

Accordingly, Chautala's counsel requested the Bench to adjourn the hearing and in the meanwhile, call for a report from the jail authorities.

The matter was then adjourned to August 16.

The case in brief

CBI had filed a disproportionate assets case against him in the year 2005, and a charge sheet was filed in 2010 wherein the CBI had allegedly detected assets amassed by him between 1993 and 2006 that were disproportionate to his legitimate sources of income

The FIR in the case accused Chautala of accumulating assets, disproportionate to his known lawful sources of income (in his name and in the names of his family members) as a CM of Haryana during the period from July 24, 1999, to March 5, 2005, in collusion with his family members and others.

It was claimed that he had accumulated enormous wealth and invested the same throughout the country in the shape of thousands of acres of land, multi complexes, palatial residential houses, hotels, farmhouses, business agencies, petrol pumps, etc.

In this very case, Chautala was convicted by the CBI Court as he failed to satisfactorily account for the assets detected by the CBI. The value of disproportionate assets so acquired came out to be Rs. 2.18 crore.

Trial Court's observations

The Court had noted that there has been a rise in cases where misuse of official positions is done by public servants to acquire assets.

The Court had observed that it is one of the factors which weighs against leniency in sentencing him so that a strong message is sent to the potential offenders that in case, they acquire assets abusing their official positions, then not only they will be punished heavily but even their properties so acquired shall be liable for confiscation.

Though the CBI sought maximum punishment of 7 years and fine, however, having regard to Chautala's age, disability and the various ailments from which he is suffering, the court opined that 04 Years Rigorous Imprisonment would be just and reasonable to meet the ends of justice.

Further, exercising its powers of this court to confiscate the properties of convict under Section 452 Cr.P.C. with regard to offence of disproportionate assets under the PC Act, 1988, the court had ordered to confiscate assets worth Rs. 2,48,59,363.06 (out of the total disproportionate assets of Rs.2.81 Crores).

Lastly, exercising its power under Section 16 of the PC Act, 1988 and having regard to the balance DA to the tune of Rs.32,59,087.94p., the Court also imposed a fine of Rupees Fifty Lacs upon him.

Case Title: OM PRAKASH CHAUTALA v. THE STATE (NCT OF DELHI) & ANR