The Delhi High Court Wednesday issued notice to the CBI on former Commonwealth Games (CWG) organising committee chief Suresh Kalmadi`s plea for quashing of FIR and proceedings against him.
|Last Updated: Feb 06, 2013, 07:18 PM IST|Source: Bureau
New Delhi: The Delhi High Court Wednesday issued notice to the CBI on former Commonwealth Games (CWG) organising committee chief Suresh Kalmadi`s plea for quashing of FIR and proceedings against him.
Justice Kailash Gambhir, seeking response from the Central Bureau of Investigation (CBI), asked it to file response in three weeks and posted the matter for March 7.
Kalmadi moved the court terming the investigation against him "illegal" as he was a central government employee and no prior sanction from the government was taken to initiate inquiry under the Prevention of Corruption (PC) Act.
Senior advocate Mukul Rohatgi, appearing for Kalmadi, told the court that under section 6A of the Delhi Special Police Establishment (DSPE) Act, his client was entitled to protection from any investigation in corruption cases.
Rohatgi said his client was "appointed in January 2005 by the central government as chairman of the organising committee of CWG, which was constituted by the central government in February and he was confirmed in March".
However, CBI counsel told the court that no protection was given under section 6-A of the DSPE Act.
The plea by Kalmadi said: "There is an absolute bar on the initiation of any inquiry or investigation by the CBI into an offence alleged to have been committed under the PC Act if a person is covered within the ambit of section 6-A (1) (b) of the DSPE Act."
"No prior approval taken under section 6-A of the DSPE Act. Hence, investigation in this case was carried out in contravention of the mandatory requirement of section 6-A of DSPE Act and thereby depriving the applicant of statutory protection to which he was entitled," the plea added.
"So the investigation is illegal and further proceeding cannot be continued till the illegality is cured," Rastogi said.
The trial court Dec 21 last year dismissed same plea of Kalmadi, which he challenged in the high court later.
The petition said: "Pass order for quashing the FIR filed by CBI on November 29, 2010, and all the proceedings emanating therefrom including the investigation being conducted against him."
A Delhi court Monday framed charges against Kalmadi and nine others for forgery, cheating and conspiracy in a corruption case related to the 2010 Games.
IANS
By clicking “Accept All Cookies”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts.
Cookies Setting
By clicking “Accept All Cookies”, you agree to the storing of cookies on your device and the processing of information obtained via those cookies (including about your preferences, device and online activity) by us and our commercial partners to enhance site navigation, personalise ads, analyze site usage, and assist in our marketing efforts. More information can be found in our Cookies and Privacy Policy. You can amend your cookie settings to reject non-essential cookies by clicking Cookie Settings below.
Manage Consent Preferences
Strictly Necessary Cookies
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work or you may not be able to login.
Functional Cookies
These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
Targeting Cookies
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They are also used to limit the number of times you see an advert as well as help measure the effectiveness of an advertising campaign. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we may not know when you have visited our site, and may not be able to monitor its performance.