New Delhi: A Delhi court on Monday gave the go ahead to prosecute sacked CWG OC chairman Suresh Kalmadi and ten others for corruption, cheating, forgery and criminal conspiracy for alleged irregularities in awarding of TSR system contract to a Swiss firm, which has also been summoned.
Taking note of the CBI chargesheet filed against the seven-time MP Kalmadi, and ten others, including two companies, special CBI judge Talwant Singh said that there is sufficient material against the accused to take cognisance of the chargesheet.
“I have taken cognisance of the chargesheet, the statement of the witnesses and other documents filed along with it. I am of the view that there is sufficient material to take cognisance against all the accused persons,” the court said.
The court also directed that Swiss firm -- Swiss Timing -- which was given the contract and is an accused in the case, to appear before it through its official and issued summons returnable by 14 July 2011.
“Summons be issued to its (Swiss Timing) CEO by diplomatic channels through Ministry of External Affairs and also by email, fax and international registry, returnable by 14 July ,” the judge said after noting that the company has not joined the investigation despite notice being issued to it.
It also directed that Kalmadi, CWG OC director general (Procurement) Surjit Lal and joint director-general (Sports) A S V Prasad, who are lodged in Tihar Jail, be produced in the court on Tuesday.
The court also issued non-bailable warrant (NBW) against OC treasurer M Jayachandran after the CBI submitted that he is not co-operating in the investigation and has stopped appearing before it after his role surfaced as an accused in the case.
“I am satisfied that he (Jayachandran) has intentionally stopped appearing before the CBI despite notices to appear before the concerned Investigating Officer. It is a fit case where NBW be issued against him,” the judge said.
The court also declared promoters of two construction companies -- Anil Madan, P D Arya (Faridabad-based Gem International Firm) and A K Reddy (Hyderabad-based firm AKR Constructions)--- as proclaimed offender after the CBI told that they were intentionally absconding and avoiding the judicial process.
The judge ordered that the proclamation be issued in any two leading English and Hindi dailies in Delhi-NCR region with respect to Anil Madan and P D Arya and in any two English and Telugu dailies in Hyderabad for A K Reddy.
According to CBI, AKR Constructions was given a sub-contract for TSR work by another sub-contractor, Gem International, which itself was a sub-contractor for ‘Swiss Timing´.
Indicting Kalmadi and others, the CBI had in its first chargesheet filed on 20 May 2011 said that Kalmadi is the man behind the scam.
“Kalmadi is the main accused as he was the person with all supreme powers. He had the supreme over riding powers in the Organising Committee of the CWG, 2010,” the investigating agency said in the charge sheet.