Shri. Abhay Singh Chautala, son of former Haryana chief minister Shri. Om Prakash Chautala, has sought transfer of a disproportionate assets (DA) case against him to some other judge, under the apprehension that he may not be subjected to a fair trial if the case continues to be presided over by the special judge. On March 6, 2019, the Special Court of CBI designated to try the cases pertaining to MPs and MLAs, presently presided by Sh. Arun Bhardwaj Special Judge, during the course of recording of prosecution evidence, directed the Counsel of Sh. Abhay Singh Chautala to be brief in cross examining the Summoned prosecution witness, since the witness was pertaining to certain bank accounts.

Leader of Opposition, Sh. Abhay Singh Chautala, who is represented by Advocate Harsh K. Sharma, Founder & Managing Partner, Prosoll Law Inc. alongwith his team of lawyers comprising of advocates Ms. Vaibhavi Sharma and Mr. Rohit Gaur, was on the verge of completion of a three pages cross examination of the said witness wherein the witness admitted that the bank statements are photocopies and the original documents are not on record.

The Ld. Special Judge, directed the Court Steno to delete the entire cross examination conducted by Advocate Harsh K. Sharma and subsequent to the recorded examination in chief, made the Steno to type a detailed court observation that the documents on judicial record are photocopies and directed the Steno to record that, “further examination in chief is deferred as the prosecution has not summoned all the required documents for recording the statement of witness.”

After such an act of the presiding officer and under apprehensions that a fair trial, which is sine-qua-non of Article 21 of the Constitution, may not be provided to Shri. Abhay Chautala, he moved the Hon’ble Delhi High Court seeking transfer of the disproportionate assets (DA) case against him to some other judge. The request from Shri. Abhay Chautala is also on the larger premise that criminal justice system may be at stake if the case is tried before the present Presiding Officer.

The Hon’ble Delhi High Court had issued notice to the CBI and the Registrar General on the petition.The High Court, in its order, had also said that since the DA case was listed before the special CBI judge on 14.03.2019, both Shri. Abhay Chautala and the CBI “shall seek joint adjournment”.

Accordingly, on 14.03.2019, Shri. Abhay Chautala, appeared before the Special Judge, CBI, with his Counsel Advocate Sh. Harsh K. Sharma and his team of Lawyers; and briefed the Presiding Officer about the filing of the said transfer petition and also briefed that the Hon’ble Delhi High Court has directed both the parties to take an adjournment till the pendency of the transfer petition.  

In light of the said circumstances, the Special Court has now kept the matter for 11.04.2019, for further directions of the Hon’ble High Court. However, the CBI Court further granted liberty to the prosecuting agency to verify the death certificate received on the said date of hearing w.r.t. summoned prosecution witness.