The Delhi High Court has sought response from former auditor of Daewoo Motor on Serious Fraud Investigation Office’s (SFIO) plea to set aside an order of Central Information Commission (CIC) directing it to make public details of criminal proceedings against the now defunct automobile company.
Justice V.K. Rao issued notice to the auditor, Vipin Malik, and sought his response on the petition by SFIO which functions under the Ministry of Corporate Affairs (MCA). The High Court listed the matter for further hearing on December 3.
The SFIO and the MCA have sought quashing of the CIC’s November 8, 2018 order which came on Mr. Malik’s application seeking information about proceedings against the company in 2000-2001, when he was the statutory auditor of Daewoo Motors.
The SFIO and the Ministry have contended in their plea that the details sought under the Right to Information (RTI) Act of 2005 pertains to years when the offences alleged against the company were committed and for which the trial was going on.
Matter sub judice
The petition said the CIC did not appreciate the matter was sub judice before a trial court here and the information pertained to evidence in several cases against the company.
According to the petition, the Ministry of Finance on October 14, 2003, had ordered an investigation into the affairs of Daewoo Motors India Ltd. by the SFIO which had given a detailed investigation report on February 16, 2014, stating that charges for various offences under the Companies Act, 1956, and the Indian Penal Code, 1860, were made out.
Subsequently, the MCA by a letter dated July 21, 2015, had directed the SFIO to file complaint and initiate prosecution against the offenders, the petition said.
