HC rejects ex-CLB member's plea for joint trial in graft cases

"I find no infirmity with the order of the learned Special Judge. Hence, (the petition is) dismissed," Justice M L Mehta said, adding that "both the offences for which the petitioner has been charged are distinct offences and not parts of same transaction...".

Vasudevan, then acting chairperson of CLB, is accused of taking Rs seven lakh bribe from co-accused Manoj Banthia, company secretary of a vernacular news daily, for assuring him a favourable order in 2009 in a case being decided by him.

Except Vasudevan and Banthia, four others were also named as accused in the graft case lodged by the CBI which filed the charge sheet in 2010 in the case.

However, CBI, which also conducted raids at Vasudevan's premises in Delhi and Chennai during probe, later lodged another FIR against him for amassing disproportionate assets.

The former CLB member, whose plea seeking to club the cases was rejected by the lower court, moved the High Court which upheld the decision saying the offences were "distinct and separate" and their trial cannot be clubbed.

Citing a Supreme Court judgement, Justice Mehta said in a disproportionate assets case, the onus to prove the genuineness of income lies with the accused.

However, in a bribery case, the duty to prove allegations shifts to the prosecuting agency (CBI) and hence, both FIRs are separate and the trials cannot be clubbed, the court said. (More)