NEW DELHI: The Delhi Excessive Court docket Friday sought the CBI response on BJP MP Maneka Gandhi’s plea difficult a trial court docket order rejecting its closure report in a graft case in opposition to her and two others and directing additional investigation within the matter.
Justice Yogesh Khanna, whereas issuing discover to the CBI and searching for its stand on Gandhi’s plea, additionally placed on maintain the particular court docket’s February four order to the extent it directs the company to position the fabric it has earlier than the sanctioning authority for her prosecution.
In accordance with the graft case lodged in opposition to the BJP chief and two others in 2006, they’d allegedly sanctioned Rs 50 lakh as grant to a belief in a fraudulent method.
The CBI advised the excessive court docket through the transient listening to that the particular court docket, on submitting of closure report, has three programs of motion — settle for it, reject it and order additional probe or direct inserting materials earlier than the sanctioning authority for sanction.
The particular court docket can not order additional probe and in addition direct inserting of fabric earlier than sanctioning authority, the CBI counsel mentioned and added that the company was in a means being “compelled to file a cost sheet”.
The company additional advised the excessive court docket that the particular court docket additionally didn’t lay down any parameters for finishing up the additional investigation.
The CBI counsel prompt to the excessive court docket that the particular court docket’s observations be quashed and the matter be despatched again to it.
Gandhi’s counsel advised the excessive court docket that that is the second time the CBI has filed a closure report within the case and the company has acknowledged that it has no prosecutable proof.
Nevertheless, the particular court docket rejected the CBI closure report and directed it to position the fabric it has earlier than the sanctioning authority for searching for sanction for prosecution, her lawyer mentioned.
He additionally advised the excessive court docket that subsequent to the particular court docket path, CBI has positioned some materials earlier than the sanctioning authority.
After listening to each side, the excessive court docket stayed the particular court docket order to the extent it directs CBI to position materials earlier than sanctioning authority and search sanction, and listed Gandhi’s plea for additional listening to on February 8, 2021.
The particular CBI court docket, in its February four order, had mentioned it was of the prima facie opinion that there was prison conspiracy and prison misconduct by a public servant and had directed the probe company to analyze the case additional.
CBI had first filed a closure report within the case in 2008 as properly and the particular court docket had additionally rejected it then and ordered additional investigation.
Thereafter, it once more filed a closure report which was rejected by the particular court docket in February this yr.