Delhi HC notice to CBI on Maneka Gandhi's plea challenging trial court's order in corruption case
Nov 20, 2020
New Delhi [India], November 20 : The Delhi High Court on Friday issued notice to the Central Bureau of Investigation (CBI) on BJP leader Maneka Gandhi's plea, challenging a trial court order rejecting closure report and directing the investigating agency to further probe a corruption case against her.
A single-judge bench of Justice Yogesh Khanna asked the CBI to file a reply on the plea and listed the matter for further hearing on February 8, 2021.
Gandhi, in her plea, filed through advocates Tanvir Ahmed Mir and Prabhav Ralli, has challenged an order dated February 4, 2020, of Special Judge of Rouse Avenue District Courts.
She said that the trial court's order, dated February 4, directed the CBI to again conduct further investigation despite further investigation already having been conducted and completed, without indicating any parameters/pointers for such further investigation.
The court further illegally directed the CBI to place the matter before the sanctioning authority for the purpose of grant of sanction against her, she stated.
The CBI on May 29, 2015, filed a second closure report and they did not find any evidence of criminal culpability against the petitioner. Earlier on December 30, 2008, CBI filed its first closure report.
On June 19, 2010, a trial court directed CBI to re-investigate the matter.
The CBI has registered a case against Maneka Gandhi and two others for sanctioning Rs 50 lakhs grant to a trust allegedly in a fraudulent manner in 2001.
It was alleged that the Ministry of Social Justice and Empowerment through the Maulana Azad Education Foundation, had given some grants to certain unjustified beneficiaries beyond the rules and regulations and that such grants were given at the behest of the petitioner Maneka Gandhi.
On August 17, 2006, the CBI registered an FIR against Maneka Gandhi under 120B (conspiracy) and 420 (cheating) of IPC, and Section 13(2) & 13(1) (d) of Prevention of Corruption Act. It also named one Dr F U Siddiqui the then Secretary of MAEF and one Dr. Vijay Sharma, the then Managing Trustee, Gandhi Rural Welfare Trust.
In her plea, the leader has sought to quash and set aside the impugned order dated February 4, 2020, passed by the court of Special Judge of Rouse Avenue Courts and to close the case against her in terms of the closure reports dated December 30, 2008, and May 29, 2015, filed by the CBI.
