The Hindu : Karnataka / Bangalore News : CBI action against Jaffer Sharief quashed

Online edition of India's National Newspaper
Wednesday, Apr 18, 2007
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Karnataka

Karnataka - Bangalore

CBI action against Jaffer Sharief quashed

Staff Reporter

BANGALORE: The Karnataka High Court on Tuesday set aside an order of a Special Court in Bangalore directing that charges be framed under the Prevention of Corruption Act against the former Railway Minister C.K. Jaffer Sharief.

Allowing a criminal revision petition by the senior Congress leader, the court said that the framing of charges was an important step in the judicial process, and the judge of the Special Court had not passed a considered order on April 13, 2000.

The court set aside the order of the 21st Additional City Civil and Sessions Judge, Bangalore, Budhihal, and also quashed all proceedings initiated by the Central Bureau of Investigation (CBI) in the case.

Justice S.R. Bannurmath said the CBI had erred in filing a second first information report (FIR) after one FIR was filed. Moreover, the investigation was conducted by an inspector and not a deputy superintendent of police.

The judge noted that after the CBI had issued notices to Mr. Sharief asking him to explain the source of funds and wealth allegedly accumulated by him and his family members, it had not considered the reply and, instead, filed the charge sheet two days later. This, the judge said, showed complete non-application of mind on the part of the investigation officer.

The case against Mr. Sharief pertains to a public interest litigation petition by a social worker, H.T. Somashekara Reddy, seeking a direction to the CBI to investigate Mr. Sharief's source of wealth. The CBI, which had taken over the investigation of the case, filed a charge sheet before the trial court for alleged offences as an MP and Minister for Railways between January 14, 1980 and October 31, 1984; as Minister for Irrigation from November 4, 1984 to December 31, 1984; as Minister of State for Energy from February 14, 1988 to December 2, 1989; as Railway Minister from June 21, 1991 to October 12, 1995; and as Minister without portfolio from October 13, 1995 to November 21, 1995.

The trial court judge, on April 13, 2000, ordered framing of charges against Mr. Sharief for offences under Sections 13 (2) read with 13 (1) (e) of the Prevention of Corruption Act, 1988.

He said that the prosecution had placed prima facie material before the trial court to frame charges against Mr. Sharief under the Prevention of Corruption Act and to proceed with the trial. He also rejected Mr. Sharief's contention that he was entitled to be discharged.

Justice Bannurmath set aside the order and allowed the revision petition.

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