New Delhi: The Delhi High Court today dismissed a plea of
Switzerland-based firm Swiss Timing, an accused in a Commonwealth
Games-related graft case, seeking a stay on possible coercive action
against it by a lower court.
"The petition is dismissed,"
Justice Mukta Gupta said. The Swiss firm had moved the high court seeking
a stay on possible measures that may be adopted against it by the special
CBI judge, who had allowed the plea of probe agency that the company had
been duly served with the summonses for its appearance in the case.
Gupta rejected the petition of the company that it was not served the
summonses, by the probe agency, in the manner prescribed for an off-shore
Senior advocate Amit Desai, appearing for the MNC, had,
on an earlier date of hearing, said that the CBI misled the court below on
the issue, since any consequential coercive measures, such as arrest
warrant and attachment of property, would be contrary to law as the
service of summonses have not been carried out (on the accused) as per the
CrPC and international treaties.
Referring to international
treaties, Desai had said the summonses, issued to accused living in
offshore countries, have to be sent to "courts, judges and magistrates" in
that country and not to other agencies.
The CBI, however, had
opposed the plea of Swiss Timing, saying that it had served summonses to
Swiss Timing in the manner prescribed under the treaty between the two
countries but as the firm was under the jurisdiction of Switzerland, it
would take time in bringing it to the jurisdiction of the Indian court.