Rao challenges CBI plea in Lakhubhai case

NEW DELHI, July 28: Former Prime Minister, P V Narasimha Rao, on Monday opposed the CBI plea to examine witnesses abroad in the one lakh-do...

NEW DELHI, July 28: Former Prime Minister, P V Narasimha Rao, on Monday opposed the CBI plea to examine witnesses abroad in the one lakh-dollar Lakhubhai Pathak cheating case.

Rao, in an application moved before the special judge, Ajit Bharihoke, said the court has to prima facie satisfy itself whether evidence of the witnesses in question is “absolutely necessary and securing their attendance before it is not possible.”

The CBI had requested the court for examination of four witnesses, namely, Kishore Kumar (Chicago) and Douglas Hanskert (California), W E Miller (Canada) and Kumar Bhagchandani (Chile).

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“There is no material on record that the said petition by CBI had been filed on the instruction or pursuant to the authority given by the state,” said Rao’s plea moved through the counse l M A Khandvekar and W A Nomain.

“The plain reading of section 284 of CrPC postulates that it is the absolute prerogative of the court to invoke the said provision (issuing a commission),” it said, adding that the court was not bound to permit recording of evidence on commission which were not necessary.

Citing several Supreme Court rulings in support of his contentions, Rao’s plea said: Mere personal inconvenience of the witnesses to attend the court is not a valid ground for permitting evidence to be taken on commission.The plea said the prosecution application did not make it clear whether the witnesses were willing to be examined as the CBI has only expressed a hope that they would be examined.

The court directed the CBI to clarify by August 12 whether the Government of India has arrangements to examine the witnesses on commission in US, Canada, and Chile.

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If the court allows setting up of a commission it would comprise a judge from the country concerned, a special public prosecutor from India and defence lawyers.

The Lakhubhai case attracted media attention last year when the pickle king decided to go public with charges against Rao.