Monday, 13 February 2017

Telangana: 4 years later, trial yet to begin in top cases

By Udumula Sudhakar Reddy

The actual trial into major Central Bureau of Investigation cases like AP Opposition leader Y.S. Jagan Mohan Reddy’s quid pro quo investments case and the Emaar APIIC township scam cases is yet to move ahead as the charges haven’t been framed yet, though the chargesheets were filed as long as four years ago.

Petitions filed by the accused in the cases in higher courts have been delaying the framing of charges against them, said CBI sources. They said at least 15 petitions regarding these cases had been disposed of but another dozen were pending in the High Court and the Supreme Court, seeking either discharge from the cases, quashing them, or other relief.

The first chargesheet in the Emaar APIIC township case was filed in February 2012 and the first chargesheet against Mr Jagan Mohan Reddy and others was filed on March 31, 2012.

“In 11 cases of Jagan Mohan Reddy’s quid pro quo investments, around 110 accused are named. Courts have taken cognisance of the cha-rgesheets and issued summons to the accused for appearance. So far charges have not been framed in any case. There are several petitions filed by the accused in higher courts. the CBI has requested the court to frame charges. It is verifying legally whether charges can be framed in spite of pending petitions so as to put forth the same argument before the CBI special court,” said a source.

Legal experts, however, said the accused named in the chargesheet had got every legal right to seek various kinds of relief as per the law and it was up to the courts to decide.

The Centre has refused to grant permission for prosecution of certain IAS officials named in the chargesheet. However, the CBI has been arguing that no permission is needed for IPC Sections and that permission is necessary only for trying under the Prevention of Corruption Act.

Legal experts said that even for IPC cases there were case laws that said that prosecution permission was a must. IAS officials have also challenged the CBI’s move in the court.

Two more prosecution permissions, of IAS officials Manmohan Singh and S.N. Mohanty, named in Jagan Mohan Reddy cases, are still pending with the Centre, sources said.

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