ID :
34229
Sat, 12/06/2008 - 16:36
Auther :
Shortlink :
http://m.oananews.org//node/34229
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SC gives reprieve to Pawar, BCCI officials in perjury case
New Delhi, Dec 5 (PTI) India's Agriculture Minister Sharad Pawar and five other BCCI officials Friday received a reprieve with the Supreme Court staying a Calcutta High Court's directive to initiate criminal proceedings against them for filing "false" affidavits in the Jagmohan Dalmiya expulsion case.
A bench of Chief Justice K G Balakrishnan and Justice P Sathasivam stayed the impugned judgement after upholding the plea of Pawar and the BCCI officials that the High Court acted erroneously in passing the directions for criminal proceedings.
Pawar and the other BCCI officials took the plea that the
High Court did not give them the opportunity to present their
view and thus violated the principles of natural justice.
The bench said it was wrong on the part of the High Court
to have passed such an order as legally it was supposed to
have conducted an inquiry into the allegation, recorded a
finding and then directed registration of a case.
"The High Court has to conduct an inquiry and was bound
to record a finding and then make a complaint," the apex court
observed when senior counsel K K Venugopal, who appeared for
Dalmiya, opposed the stay.
The bench rejected Venugopal's argument wherein he cited
an earlier Supreme Court ruling that had upheld a similar
direction for registration of criminal cases for perjury.
The said case referred to by the counsel related to an
issue where the trial court had recorded a finding on the
basis of which it had directed registration of a criminal
case, the bench pointed out.
Besides Pawar, others against whom the Calcutta High
Court had ordered registration of criminal cases were BCCI
president Sashank Manohar, former secretary Niranjan Shah,
Ratnakar Shetty (Chief Administrative Officer), N Srinivasan
(Secretary) and Chirayu Amin, junior Cricket Committee
Chairman.
The Calcutta High Court had on November 12 directed
initiation of criminal proceedings against them for allegedly
filing false affidavits in the Dalmiya expulsion case.
The court's order had come eight months after Dalmiya, a
former BCCI president, alleged perjury against Pawar and Board
officials and sought criminal proceedings against them for
producing "false" documents.
All the accused BCCI officials have challenged the
ex-parte order directing the Registrar (Original side) to
initiate criminal proceedings under section 195 of the Cr P C
(prosecution for contempt of lawful authority of public
servants for offences against public justice and for offences
relating to documents given in evidence) at an appropriate
court. PTI
A bench of Chief Justice K G Balakrishnan and Justice P Sathasivam stayed the impugned judgement after upholding the plea of Pawar and the BCCI officials that the High Court acted erroneously in passing the directions for criminal proceedings.
Pawar and the other BCCI officials took the plea that the
High Court did not give them the opportunity to present their
view and thus violated the principles of natural justice.
The bench said it was wrong on the part of the High Court
to have passed such an order as legally it was supposed to
have conducted an inquiry into the allegation, recorded a
finding and then directed registration of a case.
"The High Court has to conduct an inquiry and was bound
to record a finding and then make a complaint," the apex court
observed when senior counsel K K Venugopal, who appeared for
Dalmiya, opposed the stay.
The bench rejected Venugopal's argument wherein he cited
an earlier Supreme Court ruling that had upheld a similar
direction for registration of criminal cases for perjury.
The said case referred to by the counsel related to an
issue where the trial court had recorded a finding on the
basis of which it had directed registration of a criminal
case, the bench pointed out.
Besides Pawar, others against whom the Calcutta High
Court had ordered registration of criminal cases were BCCI
president Sashank Manohar, former secretary Niranjan Shah,
Ratnakar Shetty (Chief Administrative Officer), N Srinivasan
(Secretary) and Chirayu Amin, junior Cricket Committee
Chairman.
The Calcutta High Court had on November 12 directed
initiation of criminal proceedings against them for allegedly
filing false affidavits in the Dalmiya expulsion case.
The court's order had come eight months after Dalmiya, a
former BCCI president, alleged perjury against Pawar and Board
officials and sought criminal proceedings against them for
producing "false" documents.
All the accused BCCI officials have challenged the
ex-parte order directing the Registrar (Original side) to
initiate criminal proceedings under section 195 of the Cr P C
(prosecution for contempt of lawful authority of public
servants for offences against public justice and for offences
relating to documents given in evidence) at an appropriate
court. PTI
