The Delhi High Court has refused to stay criminal proceedings against the then additional private secretary of former union minister and BJP leader Dilip Singh Judeo who was caught on camera along with him in a sting operation for allegedly taking illegal money in 2003.
The proceeding against Judeo has been abated after he passed away on August 14, 2013.
His additional private secretary Natwar Rateria had sought quashing of the case against him on the ground that the charge of conspiracy against him did not survive since the main accused was not alive.
However, disagreeing with the contention, Justice Ved Prakash Vaish said the "benefit of abatement of proceedings cannot be extended in favour of co-accused even if he remains to be the sole surviving accused after the death of the accused facing charge of conspiracy".
"In the instant case, there is no finding on merits that the offence of conspiracy is not proved against A-1 (Judeo, since expired) so as to extend the benefit of view taken in the judgements relied upon by the petitioner to him (Rateria).
"Rather, the position is otherwise. After both accused (Judeo and Rateria) herein were charge-sheeted for conspiracy, separate charge for the offence of conspiracy was framed against both of them. Both the accused were put to trial when Judeo died during the trial and proceedings had to be abated against him," the court said.
It said in such a situation, the prosecution deserves to be "afforded an opportunity to produce witnesses for proving the charge of conspiracy against Rateria".
"The court would be well within its right to pronounce the verdict against the petitioner after holding full trial against him," the judge said.
According to the prosecution, Judeo and Natwar had received an illegal gratification of Rs 9 lakh on November 5, 2003 from one Bhupinder Singh Patel for extending favours in the matter of purported mining project in the states of Odisha and Chhattisgarh.
