Hc Issues Notices To Swamy, Cbi On Chidambarams Plea

The Delhi High Court yesterday issued notice to Janata Party president Subramaniam Swamy on finance minister P Chidambarams plea for initiation of proceedings against the former for allegedly fabricating documents in a complaint case.

Justice AK Srivastava, who also issued notice to the Central Bureau of investigation (CBI), posted the revision petition filed by Chidambaram for further hearing on January 9.

Chidambarams counsel, senior advocate Arun Jaitley with Rakesh Tiku, sought initiation of proceedings against Swamy for fabricating false evidence for the purpose of being used in a judicial proceeding, under section 193 read with section 199 of the Indian Penal Code (fabricating document).

 

The counsel requested the court to dismiss the petition filed by Swamy seeking prosecution of Chidambaram under anti-corruption law for allegedly employing corrupt practices to buy promoters shares of Fairgrowth Financial Services Ltd at a very low price.

Justice Jaspal Singh, while dealing with the case, on December 11 had observed that the copy of the complaint filed along with the petition (by Swamy) is different in material particulars from the complaint filed before the special judge.

Chidambaram in his petition sought a direction from the court to CBI for a thorough investigation into the motive behind the changes deliberately made by Swamy in his original complaint submitted along with the revision petition before the high court.

The finance minister in his petition said that the conduct of Swamy amounted to gross contempt of court as it was a blatant move to subvert the course and administration of justice by fabricating documents.

The petition said the changed complaint is the product of an evil and nefarious design to scandalise the reputation and cause harm and prejudice to the finance minister.

Swamy had said in the court during the last hearing of his revision petition, in which he had challenged the dismissal of his complaint before the special judge, that the error in the petition before the high court was done inadvertently.

Jaitley said, a mere reading of the purported copy of the complaint, containing the interpolations, will make it obvious that they were deliberately incorporated in order to strengthen the misconceived case of Swamy.

He said it was also to provide a basis for assailing the order of the special judge and to mislead the high court into believing that order of dismissing the complaint was erroneous and required to be revised.

Swamys petition would also come for hearing on January 9.