Updated: August 14, 2021 3:50:45 am
DELHI HIGH Court on Friday issued a notice to I M Quddusi, a retired judge of Orissa High Court who is an accused in a 2019 corruption case, in a petition filed by the CBI against a trial court order that set aside a probe-related notice issued to him by the agency.
Justice Mukta Gupta listed the case for hearing on September 29 after hearing the counsel for CBI.
On February 11 last year, the CBI had issued a notice under Section 91 CrPC to Quddusi, seeking certain information from him. The notice was challenged before the trial court in Delhi, which in April 2021 set it aside.
The CBI had asked Quddusi to submit details of mobile numbers used by him during 2017, details of all bank accounts for the period May-October 2017 and details of drivers and servants employed during the same period.
Quddusi and five others are accused of trying to influence court proceedings in a case filed before Allahabad High Court for grant of admission rights to a medical college barred by the Medical Council of India.
In its appeal against the trial court order, the CBI has argued that the lower court has not correctly appreciated the position of law with regard to Section 91 CrPC and Article 20(3) of the Constitution, which states that “no person accused of an offence shall be compelled to be a witness against himself”.
“The trial court did not consider that the lawmakers would not have intended to put in place obstacles in the way of efficient and effective investigation into crime and of bringing criminals to justice. The rights of the accused will always have to be weighed against the said consideration,” the CBI has argued before the HC.
The CBI has also argued that the information sought from Quddusi is “public information” but was sought as it was “not practical to search for”.
The information does not have any scope of incrimination in itself, it has contended.
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