New Delhi: The Supreme Court today declined
to give an early hearing to the petition challenging the
continued detention of Brazil-born British citizen A E Pinto
who is a key accused in the multi-crore urea scam of 1995.
The apex court also questioned the petition seeking
issuance of writ of habeas corpus filed by Pinto`s wife
Engenia Teles Pinto who sought permission for her husband to
leave the country.
"How a writ of habeas corpus can be issued?" a Bench
comprising Chief Justice K G Balakrishnan and B S Chauhan said
while noting that Pinto has been on bail in the case.
The Bench said it would hear the matter in the routine
course and dismissed the application for early hearing.
Pinto`s counsel Wills Mathews said the condition imposed
by the Delhi High Court has restricted his movement which in
all practical purpose was like detention.
The accused was in jail till October 29, 2002, after
which he was granted bail with the condition that he will not
leave India without permission of the court.
Later on November 11, 2005, the Delhi High Court allowed
him to go to London for eight weeks for treatment subject to
his furnishing Rs 40 lakh bank gurantee.
The wife of the accused said her 63-year old husband was
suffering from cancer and paralysis and needed medicare but
has been languishing in the country as he could not furnish
the Rs 40 lakh bank guarantee ordered by the High Court to
enable him leave the country.
She said the trial in the case has been going on for
more than 12 years and even assuming Pinto was convicted he
would have served the maximum sentence of seven years and
should have been back in the UK by this time.
Refusal of Indian courts to permit him leave for the UK
was violation of Article 21 (liberty) and the extradition
treaty under which he was sent to India in August 2000, she
claimed.
According to CBI, under the alleged conspiracy, prime
accused B. Sanjeeva Rao, nephew of then prime minister P.V.
Narasimha Rao, and Sambasiva Rao, the Indian agent of Turkish
firm Karsan Ltd, had brokered a fake contract between National
Fertilisers Limited and Karsan for the supply of two lakh
tonnes of urea worth Rs 133 crore in 1995.
Pinto was also involved in brokering the fradulent
contract, CBI had alleged.
Besides Pinto, two other foreigners accused in the
scam are Tuncay Alankus and Cihan Karansi, both Karsan
executives.
Karsan failed to execute the contract but the money
was still remitted to its account in Turkey in November 1995
causing a huge loss to the national exchequer.
CBI subsequently arrested Pinto in London on December
11, 1997. On August 23, 2000, he was extradited to India and
charged under IPC sections Section 120B (criminal conspiracy)
and 420 (cheating).
The court on November 3, 2009, had issued a notice to
CBI and the Ministry of External Affairs to file their
response.
-PTI
