The Delhi High Court is likely to pronounce tomorrow its verdict on a plea of Switzerland-based firm Swiss Timing,an accused in a Commonwealth Games-related graft case,seeking a stay on possible coercive measures against it by a lower court.
A bench of Justice Mukta Gupta would deliver the verdict at 10.30 AM tomorrow.
The court had reserved its decision on February 7 after the counsel for the firm and the CBI concluded its arguments.
Sacked CWG Organising Committee chief Suresh Kalmadi and other co-accused are charged with illegally granting the contract to Swiss Timing,causing a loss of over Rs 90 crore to the state exchequer.
The MNC told Justice Gupta that it has not been served with the summons as per the law dealing with offshore companies. The CBI misled the court below on the issue. Any consequential coercive measures such as arrest warrant and attachment of properties would be contrary to law as the service of summonses have not been served (on the accused) as per the CrPC and international treaties,senior advocate Amit Desai,appearing for the firm,had said.
Referring to international treaties,Desai had said the summonses,issued to accused living in offshore countries,have to be sent to “courts,judges and magistrates” in that
country and not to other agencies.
In the present case,CBI did not send the translated version of documents,along with the summons,to Swiss Timing and it was violative of the international law,Desai had said. The CBI,however,opposed the plea of Swiss Timing and had said that it had served summons to Swiss Timing in the manner prescribed under the treaty between the two countries but the firm,being under the jurisdiction of Switzerland,it would take time in bringing it to the jurisdiction of the Indian court.
The high court had earlier refused to stay a possible coercive process against Swiss Timing for not appearing before a court here. The Swiss firm,which had secured the 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 summons 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 – Anil Madan and P D Arya of Faridabad-based Gem International and A K Reddy and his firm AKR Constructions are also accused in the case.