CBI urges Delhi HC to allow examine foreign national in forgery case

New Delhi [India], January 5 : The Central Bureau of Investigation (CBI) has urged the Delhi High Court to allow examine one foreign national in a forgery case against controversial arms dealer Abhishek Verma.
The CBI has filed an application challenging a trial court order dated October 23, 2020 whereby the application for examining one C.Edmond Allen -- a foreign national through video conferencing was declined.
A Single Judge Bench of Justice Yogesh Khanna has listed the matter for January 27 for further hearing.
Meanwhile, accused Abhishek Verma's counsel has opposed the plea submitting that petition is not maintainable in view of a earlier order to complete the trial within one year and henceforth the time stands completed in January, 2019.
Verma's counsel submitted that the CBI had tried to summon this witness and in fact on four occasions he was summoned but despite being served, he did not appear before the trial court concerned. It is stated the matter was fixed for final arguments. However, on October 23, 2020 CBI filed application on behalf of the present applicant for his examination through video conferencing on the plea that he is now inclined to depose as a witness.
It is the case of the prosecution that C.Edmond Allen could not be called earlier for examination since he had put in various conditions for coming to India as set out in the application, but now had agreed to depose as a witness through video conferencing.
The court observed that the trial time fixed by the Supreme Court has since expired, the allowing of examination would start the trial de novo as thereafter yet again the additional statements under Section 313 Cr.P.C. shall have to be recorded and the respondents shall also have to be given opportunity to summon witnesses.
At this stage, counsel for the CBI sought time to seek instructions, if they need to apply for extension of timeline for trial.
The counsel for the respondent Verma also sought to file on record certain additional documents.
The matter pertains to a case lodged by CBI on a complaint filed by the then minister of state for home Ajay Maken, alleging that a forged letter on his letterhead was written to the prime minister by businessman Abhishek Verma seeking easing of business visa norms in 2009.
Verma and others were charge-sheeted under the IPC in the case for the offence of attempting to cheat and under the Prevention of Corruption Act.
The CBI has alleged that Congress leader Jagdish Tytler had "actively connived" with Verma to cheat a Chinese telecom firm and the Congress leader had first shown a "fake and forged" letter to the company's officials, claiming it was written by Maken to the prime minister.