The Supreme Court on Thursday did not grant anticipatory bail plea of two businessmen facing arrest in the Commonwealth Games (CWG) corruption case related to award of contract to a Swiss firm for installing Time, Scoring and Result (TSR) system.
The CBI has alleged that the two, AK Madan and PD Arya, are evading arrest.
A bench comprising justice JM Panchal and justice HL Gokhale rejected the duo's plea to give them pre-arrest bail. It asked the two, who are promoters of Faridabad-based Gem International, to approach the trial court for a regular bail.
The special CBI court has already declared both proclaimed offenders, as the agency has been unsuccessful in arresting them. The CBI has already begun to confiscate their properties.
Their counsel Mukul Rohatgi argued that his clients did not have any direct role in the alleged irregularity while awarding the TSR contract. The petitioners, he added, were promoters of Gem International, which was given the sub-contract by the Swiss firm.
According to Rohatgi, Gem International got the contract for R23 crore, whereas the original contract bagged by Swiss Omega was for R107 crore.
Rohatgi told the court that Madan was terminally ill and suffered from multiple medical complications. He said Madan was not even in Delhi when the court issued summons against him on April 4.
The court, however, was not convinced. It pointed out to the trial court records and said Madan was not co-operating. The CBI has accused the two of using their contacts with the CWG Organising Committee's sacked chairman Suresh Kalmadi to secure the contract.