Supreme Court admits mistake of quashing FIR against Anurag Thakur without hearing, to hear case again

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The Hush Post|11:15 am| 2-min-read
The Supreme Court on Monday said it had quashed the FIR against BJP MP Anurag Thakur and others in a case by “mistake”. The case related to alleged encroachment of land for the construction of the Dharamshala cricket stadium.
The counsel appearing for former Himachal Pradesh chief minister Virbhadra Singh D K Thakur brought the lapse to the notice of the bench of justices A K Sikri and SA Nazeer. The next date of hearing is fixed for November 29.

“You are saying that you cannot argue. If you cannot argue, then do not argue. We will pass the order. We are saying that it was a mistake,” the Bench categorically told Singh’s counsel.

Virbhadra’s counsel pleaded the court to recall the November 2 order of the top court.
However Anurag’s counsel senior advocate P S Patwalia argued there was no need to recall the order as the main FIR stood quashed.
After Patwalia concluded his arguments, Singh’s counsel told the bench that the FIR was quashed by the apex court without hearing them.

There were two cases against Thakur, one related to irregularities in granting land on lease, the other regarding alleged encroachment

On November 2, the top court had quashed two FIRs against Anurag Thakur, his father Prem Kumar Dhumal and others. The matter is related to two separate cases. One case related to alleged irregularities in granting land on lease for the construction of the Dharamshala cricket stadium. The other case was regarding alleged encroachment of government land. Staff quarters of the Education Department of the state are located in the portion of land in question. The ‘mistaken’ quashing was related to the encroachment case.
Patliwala argued that the education secretary had granted a no-objection certificate for transfer of land and the same had the approval of the state education minister.
Anurag Thakur, Dhumal and the HPCA had challenged the orders of the HP High Court refusing to quash the FIRs.

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