The CBI today told a Delhi court that a plea of INLD leader Ajay Chautala, serving 10-year jail term in JBT scam case, for transfer of a disproportionate assets case against him to another court was "frivolous" and based on "flimsy grounds".
The CBI's response came on Ajay's claim that he apprehended that he would not get a fair trial if the case continued to be tried by the court presided by the same judge.
The agency said the concerned presiding officer, against whom the allegations of being biased have been made, has acted as per the law and without any bias.
Taking on record CBI's reply, District Judge Ravinder Kaur reserved its order on the transfer plea for March 7.
The CBI said, "If the applicant (Ajay) has any fear and apprehension in his mind, the same is to be challenged before appropriate legal authority in an appropriate legal manner but not by way of moving application for transfer of the case."
It sought dismissal of the application with costs, saying it was "false, frivolous and not maintainable".
Advocates Harsh Sharma and Vaibhavi Sharma, who appeared for Ajay, sought transfer of the case alleging that the presiding officer's conduct was "utmost unfair" and the evidence was being recorded in the "most illegal manner" by permitting the prosecution to put leading questions.
Co-accused Abhimanyu Singh has also filed a similar plea for transfer of the case.
On both the transfer pleas, the district judge had sought the comments of the presiding officer. According to sources privy to the case, the latter had said that the grievance of the accused persons was expeditious trial being done by the court as they were interested in delaying it by steps like appearing late for court proceedings from the jail.
The court is currently recording evidence in the DA case in which Ajay, son of former Haryana Chief Minister and INLD chief Om Prakash Chautala, is facing trial.
Ajay is serving 10-year imprisonment awarded in January 2013 by another CBI court in the 1999-2000 junior basic trained (JBT) teachers' recruitment scam.
Chautala was also sent to 10 years in jail in the JBT case. The Supreme Court had dismissed the appeals of Chautala and Ajay and had upheld their jail term.
CBI had chargesheeted Ajay in 2010 indicting him for possessing assets exceeding his legal income by 339.27 per cent. His legal income between May 1993 and May 2006 was Rs 8.17 crore, but he had acquired assets worth Rs 27.7 crore, it had alleged. All the charges have been denied by Chautala and his sons.
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