The Delhi High Court on Monday dismissed a plea of Switzerland-based firm Swiss Timing, an accused in a Commonwealth Games-related graft case, seeking a stay on possible coercive action against it by a lower court.
“The petition is dismissed,” Justice Mukta Gupta said.
The Swiss firm had moved the High Court seeking a stay on possible measures that may be adopted against it by the special CBI judge, who had allowed the plea of probe agency that the company had been duly served with the summonses for its appearance in the case.
Justice Gupta rejected the petition of the company that it was not served the summonses, by the probe agency, in the manner prescribed for an off-shore entity.
Senior advocate Amit Desai, appearing for the MNC, had, on an earlier date of hearing, said that the CBI misled the court below on the issue, since any consequential coercive measures, such as arrest warrant and attachment of property, would be contrary to law as the service of summonses have not been carried out (on the accused) as per the CrPC and international treaties.
Referring to international treaties, Desai had said the summonses; issued to the accused living in offshore countries, have to be sent to “courts, judges and magistrates” in that country and not to other agencies.
The CBI, however, had opposed the plea of Swiss Timing, saying that it had served summonses to Swiss Timing in the manner prescribed under the treaty between the two countries but as the firm was under the jurisdiction of Switzerland, it would take time in bringing it to the jurisdiction of the Indian court.
Sacked CWG Organising Committee chief Suresh Kalmadi and other co-accused are charged with illegally granting the Time Scoring and Results (TSR) contract to Swiss Timing, causing a loss of over Rs. 90 crore to the state exchequer.
The Swiss firm, which secured the TSR contract allegedly due to links of two Faridabad-based businessman P D Arya and A K Madan with Kalmadi, is one of the 11 accused in the case and has been issued summonses by the trial court.
Besides the Swiss firm and Kalmadi, other accused in the case are CWG OC’s Director General V K Verma, Secretary General Lalit Bhanot, Director General (Procurement) Surjit Lal, Joint Director General (Sports) A S V Prasad and Treasurer M Jayachandran. They are no more associated with the sporting body.
Promoters of two construction companies — Arya and Madan of Faridabad—based Gem International and A K Reddy and his firm AKR Constructions are also accused in the case.