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Commonwealth Games proclaimed offenders' visit baffles court

Staff Reporter

Counsel asked how come the signatures of two absconding persons were affixed on application


Accused had filed a petition on Wednesday challenging the proclamation

The advocate pleaded before the judge that he was new in the profession


NEW DELHI: A special court hearing a case of alleged irregularities in the award of the Commonwealth Games Timing, Scoring and Results (TSR) system contract to Swiss Timing has asked a counsel and an oath commissioner at the Patiala House court here to explain how the signatures of two absconding accused persons in the case were affixed on an application seeking recall of the order under Section 82 of the Criminal Procedure Code naming them as proclaimed offenders.The proclamation was made by the court against the two accused in the case – Purushottam Arya and Anil Kumar Madan -- noting that they had absconded after non-bailable warrants issued against them had returned unexecuted. Special Judge Talwant Singh had directed publication of the proclamation in two English and Hindi newspapers each in the National Capital Region. Arya and Madan are partners in Gem International, an “authorised representative” of Swiss Timing according to the CBI. They had filed a petition in court on Wednesday challenging the proclamation against them.Verifying the affidavit and the vakalatnama, the judge summoned the lawyer and the oath commissioner who had prepared and attested it, and asked them whether the accused had come to the Patiala House court premises and signed the documents.The oath commissioner said the accused had been to the court following which the judge asked the commissioner and the counsel why this was done despite knowing that the proclamation had been issued against the two “absconding” persons. The advocate pleaded before the judge that he was new in the profession after which he and the oath commissioner were let off, after Mr. Singh recorded their statements. The CBI in its charge sheet had alleged that Swiss Timing entered into a fraudulent contract on June 29, 2010, with Gem International to pay various commissions ranging from 5 to 10 per cent for “vague activities such as consultancy, making presentations”.“In the garb of this contract, Gem International raised five invoices for Rs.23.21 crore. These invoices do not contain deails of any tangible and commensurate service provided by Gem Internation to Swiss Timing,” the charge sheet alleged. Meanwhile, during the arguments on bail moved by Suresh Kalmadi, his counsel Sidddharth Luthra repeatedly asked the CBI why Organising Committee CEO Jarnail Singh was not made an accused or a witness in the charge sheet.

Counsel claimed that the CEO was aware of all the decisions taken.

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