The Hindu : New Delhi News : Sushil Ansal's plea opposed by CBI

Online edition of India's National Newspaper
Friday, Jul 08, 2005

New Delhi

New Delhi

Sushil Ansal's plea opposed by CBI

Staff Reporter

NEW DELHI: The Central Bureau of Investigation (CBI) on Thursday opposed an application by Sushil Ansal, Chairman-cum-Managing-Director of Ansal Properties and Infrastructure Private Limited and an accused in the Uphaar fire tragedy case, seeking a permanent exemption from personal appearance in the case to attend to his business engagements.

In reply to his application, CBI submitted that the applicant need not project private affairs in the court by such an application.

If he really felt that that the interest of thousands of his shareholders are suffering as highlighted by him in the application in his absence due to the trial, he might transfer his business responsibilities to some one else, the reply stated.

"The accused cannot enjoy the fruit of his business and foreign trips at the expense of the trial in this criminal case, which is now at an advance stage," the investigating agency stated.

The accused could not claim a blanket order of exemption from personal appearance as the court had earlier dispensed with his personal appearance only when he had cited specific justifiable reasons.

Seeking rejection of the application on the ground of it being misconceived and not maintainable, the reply said that there was no provision in the Criminal Procedure Code (Cr.P.C.) under which an accused could remain away from court proceedings to earn his livelihood and urge the court to conduct trial proceedings in his absence.

"An offence is always committed by an accused against society and it is incumbent upon him to answer charges either remaining in judicial custody or by attending court proceedings in case he is enlarged on bail," the reply stated.

In the application, Ansal urged the court to accept his plea and allow two lawyers nominated by him, R.K. Naseem and K.K. Sareen, to appear on his behalf in turn in the case.

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