Court quashes plea by CBI to examine foreign national against Jagdish Tytler

The Central Bureau of Investigation (CBI) has filed a plea seeking permission to examine a foreign national as a witness in a case involving Congress leader Jagdish

The Central Bureau of Investigation (CBI) has filed a plea seeking permission to examine a foreign national as a witness in a case involving Congress leader Jagdish Tytler and arms dealer Abhishek Verma for allegedly writing a forged letter addressed to then Prime Minister Manmohan Singh in 2009.

HT Image

The agency has challenged a trial court’s October 23, 2020 order by which its plea to examine C Edmond Allen was dismissed.

Opposing the plea, Verma’s counsel Maninder Singh told Justice Yogesh Khanna that the CBI had tried to summon this witness earlier and he was summoned on four occasions but he did not appear before the trial court after which the prosecution evidence was closed.

He said that the apex court had fixed one year for completing the trial in the case and that has expired and allowing examination of the witness would start the trial de novo.

To this, CBI counsel Anil Grover sought time from the high court to seek instructions, if they need to apply for extension of timeline for trial.

CBI wants to examine Allen to prove certain e-mail IDs, allegedly used by the accused to send the purported forged letter.

However, the application was dismissed by the trial court noting that despite an order of November 26, 2018 of closure of evidence of this witness, no effort was made by CBI to challenge it and if he was really important, the CBI ought to have examined the witness by challenging the earlier order.

The trial court had on December 9, 2015 put Tytler and Verma on trial after framing charges for alleged offences punishable under various sections of IPC, including 420 (cheating), 471 (fraudulently or dishonestly using as genuine any forged document or electronic record) and 120-B (criminal conspiracy).

The charge sheet was filed by CBI on a complaint of then Minister of State for Home Ajay Maken, alleging a forged letter on his letterhead was addressed to Manmohan Singh seeking easing of business visa norms in 2009.

Verma and Tytler were named in the charge sheet for the offence of attempting to cheat under IPC and a provision of Prevention of Corruption Act. Tytler was granted bail by the court after he had appeared before it in pursuance to summons. Verma, who was lodged in Tihar Jail, was later granted bail in the case.