CWG scam: HC notice to CBI on Kalmadi's plea to quash FIR
Posted on: 08:47 PM IST Feb 06, 2013
New Delhi: The Delhi High Court on Wednesday sought a response from Central Bureau of Investigation on a plea of former Commonwealth Games Organising Committee chief Suresh Kalmadi seeking quashing of FIR and subsequent proceedings against him on the ground that Centre's sanction was not obtained by the agency to prosecute him. Issuing notice to the CBI, Justice Kailash Gambhir directed the agency to file its reply within three weeks and posted the matter for March 7.
Challenging the trial court's December 21, 2012 order dismissing his plea, Kalmadi moved the High Court terming the prosecution against him as "illegal" as he was a Central government employee and no prior sanction from the government was taken to initiate inquiry against him under the Prevention of Corruption Act. Appearing for Kalmadi, senior advocate Mukul Rohatgi told the court that under section 6-A of the Delhi Special Police Establishment (DSPE) Act, his client is entitled for protection from any investigation in corruption cases.
The counsel submitted that Kalmadi was "appointed on January 29, 2005 by the Central government as Chairman of Organising Committee of CWG, which was constituted by the government on February 10, 2005 and he was confirmed in March same year." Rohatgi argued that the CWG organising committee was a society created and funded by the Central government and his client should have been treated as a government employee. However, the CBI counsel during the hearing informed the court that no protection is given under section 6-A of the DSPE Act.