The Rajasthan High Court today said there will be no probe against its three retired judges into the alleged land-grabbing case involving BJP leader Vasundhara Raje, her son and some others.
The division bench's order came two days after Supreme Court issued notice to high court questioning suo moto intervention in the matter and passing order for quashing of the FIR.
The order, which also said that police may proceed against the other accused which includes Raje, her son Dushyant, the then officials, was passed on a plea moved by Advocate General of Rajasthan.
In his application the AG, GS Bapna, contended that the final order passed by the high court was based on a wrong assumption.
Bapna said that he has conceded that no investigation can be made against high court judges but at the same time he never told the court that the FIR against other persons named therein cannot be investigated.
The court, taking note of the clarification made by the Advocate General modified its order and held that no action should be taken against the then principal secretaries, who later became high court judges.
"But now the police may proceed against the other accused, which include Raje, her son Dushyant, the then officials who held post of collector Dholpur, tehsildar and BDO, Badi and RAA Bharatpur when the said mutation took place in year 2006," said Bapna.
In December 2011, the Ashok Nagar police station registered an FIR against former chief minister Vasundhara Raje and her son Dushyant Kumar following orders passed by city metropolitan magistrate Ravi Bala Singh Choudhary, on a complaint filed by a lawyer Srijina Shreshta and a journalist.
It was alleged in the complaint that the government did not oppose tenancy rights granted on a pasture land in 2006 by a revenue court to Dushyant and owing to the influence of Raje, as 'the then' principal secretary law (who later became high court judges) took a decision of no appeal against the order of revenue court.
A single judge bench of Justice Mahesh Chandra Sharma took a suo moto cognisance of the FIR and stayed investigation on the count that it has virtually named three high court judges as co-conspirators in an alleged conspiracy favouring Raje and her son, for getting allotment of a precious land at Dholpur.
The court also took a suo moto cognisance of a new item published by a local Hidi daily that the 'then' principal secretaries, however, not named in the complaint included names of justice Guman Singh(rtd), Justice Mahesh Bhagwati (rtd) and Justice Sajjan Singh Kothari (rtd).
Later in September, the division bench after recording statement of the AG had the quashed the FIR.