HC refuses to set aside charges framed against Tytler, Verma

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SME Times News Bureau | 18 Oct, 2017
The Delhi High Court on Tuesday refused to set aside a trial court order to frame charges against Congress leader Jagdish Tytler and controversial businessman Abhishek Verma in a corruption case.

Dismissing the pleas of Tytler and Kumar against framing of corruption charges, Justice Ashutosh Kumar said: "This court is of the view that the prosecution of the petitioners ought not to be thwarted at this stage.

"No case for interference has been made out on behalf of the petitioners," he added.

On December 9, 2015, the trial court ordered both to face trial for allegedly using a forged letter addressed to then Prime Minister Manmohan Singh in 2009.

The trial court's order had come on a complaint by then Minister of State for Home Ajay Maken that a forged letter on his letterhead was written to Manmohan Singh by Verma, seeking easing of business visa norms.

Tytler and Verma were chargesheeted on charge of attempted cheating and the Prevention of Corruption Act.

The Central Bureau of Investigation has alleged that Tytler "actively connived" with Verma to cheat a Chinese telecom firm and that the Congress leader had shown a "fake and forged" letter to the company officials, claiming it was written by Maken to the Prime Minister.

The High Court took into consideration the fact that pursuant to the framing of charges, 13 prosecution witnesses had been examined.

"Coming to the facts of the present case, it would appear that the trial court has come to the conclusion that the offences for which the petitioner has been charged are prima facie made out for trial," the High Court said.

It added: "Thus, charge against a person can be framed if the court forms an opinion that the accused might have committed the offence. For the conviction of an accused, the court has to come to the conclusion that the accused must have committed the offence.

"This is not the requirement at the time of framing of the charge. The probative value of the materials on record cannot be gone into. However, there should be an application of judicial mind. But whether an accused committed the offence, can only be decided in the trial."

The trial court had said that prima facie, both accused had tried to cheat officials of ZTE Telecom India Pvt Ltd on the basis of the forged letter and Verma had demanded a bribe of Rs 50 lakh to sort out the visa issue of its employees.