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Jain brothers plea rejected
New Delhi, Aug 28: In a case of an insurance company defrauded of crores of rupees 23 years ago through a bogus claim of a consignment sinking under the sea, a Delhi court today rejected the plea of the accused Jain brothers to disband the commission set up to examine witnesses in Singapore.
New Delhi, Aug 28: In a case of an insurance
company defrauded of crores of rupees 23 years ago through a
bogus claim of a consignment sinking under the sea, a Delhi
court today rejected the plea of the accused Jain brothers to
disband the commission set up to examine witnesses in
Singapore.
Designated judge Gulshan Kumar had recently set up a special commission to examine 12 key foreign witnesses in Singapore but the authorities in that country disallowed engaging of foreign lawyers.
The accused V K Jain and R K Jain had sought the termination of the commission on the ground that in the absence of their counsel, the prosecution witnesses could not be examined and it would amount to miscarriage of justice as they would not get the opportunity to defend their case.
However, the court turned down their plea and said since commission's proceedings have already commenced in Singapore, the proceedings of the commission cannot be stayed at this stage and the accused can engage Singaporean Counsel.
Designated judge Gulshan Kumar had recently set up a special commission to examine 12 key foreign witnesses in Singapore but the authorities in that country disallowed engaging of foreign lawyers.
The accused V K Jain and R K Jain had sought the termination of the commission on the ground that in the absence of their counsel, the prosecution witnesses could not be examined and it would amount to miscarriage of justice as they would not get the opportunity to defend their case.
However, the court turned down their plea and said since commission's proceedings have already commenced in Singapore, the proceedings of the commission cannot be stayed at this stage and the accused can engage Singaporean Counsel.
"The accused persons are allowed to apply before the
Singapore court to extend the period of commission and to
engage the counsels on the expenses of the prosecution," the
court said disposing of their application.
The court had fixed August 28 to 30 as the period of
commission.
CBI had alleged that Jain brothers had hatched a
conspiracy to dupe the New India Insurance Company Ltd in 1979
by obtaining false documents showing the purchase of some
valuable goods like cloves, PVC resins and brass scraps
claiming that the two ships carrying it sank in mid-sea.