Hearing on maintainability of FIR against Gupta begins in HC

Final hearing on a petition challenging the maintainability of an FIR registered by the state vigilance police against mines owner Deepak Gupta and directors of his Steel and Power Company began in Orissa High Court today.
Adjourning hearing on the day, the single-judge bench of Justice B K Nayak posted the matter to be heard again on September 25.
In the meantime, the interim relief provided to family members of Gupta by the High Court was also extended to that date, which means vigilance sleuths are restrained from arresting the parents and wife of Gupta till Wednesday next.
Arguing the case on behalf of the Guptas, their counsel Manoj Mishra said the July 27, 2013 FIR of Balasore vigilance police is not maintainable against the mines owner as his client is facing prosecution for the same alleged offence for over a year now under the Mines and Minerals (Distribution and Regulation) Act.

"While the prosecution under MMDR Act is now pending trial, how can my client be booked again for the same offence under the same Act," questioned Gupta's counsel Mishra.
He also pointed out, violating provisions of MMDR Act do not invite criminal prosecutions under IPC and therefore, the July FIR against his client was bad in the eyes of law.
Cases were registered by the Balasore vigilance police against Gupta and directors of his M/s Deepak Steel and Power Ltd under several sections of the Prevention of Corruption Act, MMDR Act, Forest Conservation Act and other sections of IPC.
While Gupta is now behind bars after being arrested earlier this month, the directors of his company, which include his parents and wife, are under High Court immunity.