HC rejects PIL seeking CBI probe

CUTTACK: The controversy over allotment of  prime residential plots in  Bhubaneswar and Cuttack to judges, IAS, IPS officers and politicians under the discretionary quota of Housing and Urban Development Ministers took a twist with the Orissa High Court on Thursday dismissing the PIL seeking a CBI probe into the alleged irregularities. The Court had completed hearing on the matter and reserved its judgment since a week.The bench comprising Chief Justices V Gopalagowda and I Mohanty observed that the petitioner Niranjan Tripathy, an advocate, has not made out a case for a CBI probe. “The allotment of land under the discretionary quota per se cannot be termed as illegal and the petitioner has also not shown any material that there has been misuse of such power by the  authorities concerned,” the bench ruled.Voicing its displeasure, the bench observed that the petitioner has wasted precious time of the court by filing such frivolous litigation after such long delay as the plots were allotted between 2000 and 2007. It even considered imposing fine on the petitioner but desisted from doing so as he was a young practising lawyer of the High Court. Initiating a threadbare discussion on the principles of approaching the court in a PIL matter, the bench observed that lawyers should verify all aspects and should not make any wild and reckless allegations against the judiciary. “In such a situation, the court will not be liberal and act as the crusader of justice to protect the sanctity of judiciary,” the bench warned.  The Court also held that the PIL was not maintainable as it had not complied with the requirements prescribed under the High Court PIL Rules 2010. Referring to the judgments of Apex Court, the bench ruled that the purity and sanctity of the PIL should not be infringed for extraneous consideration and the same should be discouraged.The court also observed that the documents enclosed with the petition were not authenticated. In the affidavit too the petitioner had not put forth verified documents in terms of Code of Civil Procedure and did not disclose the source of information. Tripathy had filed the PIL seeking CBI inquiry into the alleged irregularities in allotment of residential plots by BDA and CDA to judges, IAS and IPS Officers and Ministers in their respective project areas.