New Delhi [India], January 19 : The Delhi High Court judge Justice Anup Jairam Bhambhani recused himself from hearing of Congress MP Karti Chidambaram's Plea against the framing of charges in the Chinese Visa scam CBI case. The trial court had framed charges of conspiracy and corruption against him.
Justice Anup Jairam Bhambhani recused himself from hearing and listed the matter before another bench, subject to the order passed by the judge incharge (criminal) of the Delhi High Court. The matter has been listed before another bench on January 23.
Justice Swarana Kanta Sharma had also recused from the hearing on January 15. Advocate Akshat Gupta appeared for Congress MP Chidambaram.
Petitioner has stated that the trial Court has failed to consider that the material and documents on record present an alternate picture.
It is stated that the alleged conspiracy was in fact the brainchild of the Approver Vikas Makharia, who used the opportunity and the already permissible provision for 're-use' of Project Visas to make some money for himself and, after having pocketed the money, has turned around and pinned the blame on the other accused persons.
It is further stated that in the present case, no public servant was identified as having been influenced or sought to be influenced. The two public servants who were examined by the CBI have categorically stated that no one attempted to influence them.
The only other public servant mentioned in the Chargesheet - Adarsh Swaika, the officer at the Indian Embassy in Beijing, was neither investigated, since sanction under section 17A of the Prevention of Corruption (PC) Act was declined thrice, nor examined as a witness.
The plea said that the Trial Court has erred in observing that even if the alleged bribe was given for a legal act, still Section 8/9 PC Act would be applicable. This is contrary to the Prosecution's stated case in the Chargesheet that the alleged bribe was allegedly paid for the purpose of getting permission for re-use of visas in contravention of the Visa Manual.
The Rouse Avenue court on December 23 framed charges against Chidambaram and other persons accused in the Chinese Visa scam case.
The court had charged Chidambaram with criminal conspiracy and with the offence of corruption under the Prevention of Corruption (PC) Act. The court has also charged CA Bhasakr Raman.
Special Judge (CBI) Dig Vinay Singh had framed charges against Chidambaram and other Accused persons.
There were a total of eight accused, including two firms, in this case. One accused, Chetan Shrivastava, was discharged by the court.
This case pertains to alleged corruption in the renewal of Visas of 263 Chinese officials. An FIR was lodged by the CBI. It is alleged that a gratification of Rs. 50 lakh was paid by an accused firm for the renewal of visas earlier issued to Chinese officials.