New Delhi [India], January 23 : Delhi High Court judge Justice Girish Kathpalia on Friday recused himself from hearing Congress MP Karti Chidambaram's plea challenging the framing of charges in the Chinese Visa scam CBI case.
The trial court had framed charges of conspiracy and corruption against him.
Justice Girish Kathpalia on Friday recused himself from hearing MP Karti Chidambaram's revision petition challenging the charges framed against him. The matter has been directed to be listed before another bench on January 28.
On January 21 (Wednesday), Justice Anup Jairam Bhambhani recused himself from the hearing. Earlier, Justice Swarna Kant Sharma had also recused himself on January 15.
Senior advocate Siddharth Luthra and advocate Arshdeep Khurana appeared for Karti 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 had erred in observing that, even if the alleged bribe was given for a legal act, Sections 8 and 9 of the PC Act would still be applicable. This is contrary to the Prosecution's stated case in the chargesheet that the alleged bribe was paid to obtain permission for the re-use of visas in contravention of the Visa Manual.
The Rouse Avenue court on December 23 framed charges against Karti Chidambaram and other persons accused in the Chinese Visa scam case.
The court had charged Karti P. Chidambaram with criminal conspiracy and 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 Karti 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 for 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 person for the renewal of visas earlier issued to Chinese officials.