New Delhi: Changing its stand, Delhi
government on Saturday told a court here that there was sufficient
evidence to pursue cases against hotelier SP Gupta which were
earlier sought to be withdrawn allegedly on the recommendation
of Union Home Minister P Chidambaram.
In an application before Additional Chief Metropolitan
Magistrate Sunil Chaudhary, Delhi government said withdrawal
of cases against Gupta, a former client of Chidambaram as
lawyer, at this stage would "hamper the interest of
justice".
"After thorough examination of case file and evidence on
record, I found that there is sufficient evidence against the
accused persons," Assistant Public Prosecutor Ghanshyam
Srivastava told the court referring to one of the cases.
Delhi government filed three separate applications
stating that in each of the cases there was sufficient
material to go ahead with the prosecution.
The government's decision to move applications on
November 24 for withdrawal of cases against Gupta, who
runs Sunair Hotels Pvt Ltd, has snowballed into a controversy
with opposition BJP accusing Chidambaram of favouring his
former client.
Chidambaram has strongly rejected the allegation that he
had favoured the Delhi-based hotelier in withdrawing three
FIRs filed against him and dismissed suggestions there was any
conflict of interest involved in it.
"On November 24, 2011, application under section 321 CrPC
(withdrawal from prosecution) was moved by the undersigned
(state) for withdrawing the case.
"That withdrawal of case at this stage would hamper the
interest of justice severely. It is, therefore, prayed that
withdrawal application under section 321 CrPC may kindly be
dismissed as 'withdrawn or being not pressed," the prosecution
said in its applications.
Three cases were lodged against Gupta on complaints filed
by a Delhi-based firm VLS Finance for alleged fraud, forgery
and deceit.
The FIR against Gupta has been filed under various
sections of IPC relating to charges of criminal breach of
trust, fraudulently preventing debt being available for
creditors, forgery, forgery of valuable security and criminal
conspiracy.
The court will decide on the application on January 7
next year.
Meanwhile, Gupta's counsel Vijay Aggarwal said the
applications have been moved as the cases have been
highlighted in the media.
Advocate Aman Lekhi, appearing for VLS Finance, told the
media outside the courtroom that the applications moved in the
first instance was "wrong" as there was no reasonable ground
to withdraw the cases.
PTI
First Published: Saturday, December 17, 2011, 21:41