New Delhi: Delhi High Court on Monday sought response of former Vice Chancellor Deepak Pental on a Delhi University (DU) professor's plea seeking quashing of a magisterial court order granting him bail in a case of alleged plagiarism, cheating and forgery.
Justice Sunil Gaur also issued notice to Delhi government and KVSK Prasad, who has been summoned as accused in the case, on Professor P Pardha Saradhi's plea.
"Issue notice to the respondents (Delhi government, Pental and Prasad). Reply be file before the next date of hearing (July 23)," the court said.
The notices were issued on Saradhi's plea, who alleged that the magisterial court has "completely failed to apply the correct proposition of law with respect to granting of bail to accused Penatl for an offence which is a session triable" and is further punishable with life imprisonment.
Saradhi, a professor of Environmental Studies in DU who had accused Pental and his student Prasad of plagiarising his paper on biotechnology and publishing it as their own, has sought quashing of November 25 last year order of the magistrate granting bail to Pental.
Pental, who challenged the trial court's summons issued to him on November 18, 2013, was granted interim bail on November 25, last year by the lower court and the High Court.
63-year-old Pental and Prasad have also sought stay on the proceedings in the case of alleged plagiarism, cheating and forgery filed against them. The two were summoned on a complaint filed by Saradhi.
Advocate Praveen Kumar Singh, who appeared for Saradhi,
contended that the "order has been passed with complete non- application of mind by the magistrate by ignoring the correct and true proposition of law relating to the committal of session trial case in the situation where the co-accused is either not available or untraceable".
"As per the provision of the section of CrPC, court of magistrate has not been empowered to grant the bail to an accused who is suspect of an offence punishable with life imprisonment," the petition said.
Saradhi's counsel said the bail application moved by Pental while he was not in custody, was not maintainable in the eyes of law and alleged that the petitioner had "suppressed and concealed the true facts" in the matter.
"He (Pental) is not entitled for any relief as prayed whether conditional or unconditional," he said.
A private complaint was filed in the court of Additional Chief Metropolitan Magistrate here in 2009 alleging that Pental had allured post-doctoral research student Prasad and they had plagiarised Saradhi's paper and published it as their own between 2000-2002.
Pental, the Vice Chancellor of Delhi University during 2005-2010, and Prasad were made accused in the complaint.