MIAL case: CBI court sets aside summoning order against 58 accused

Advocate Vijay Aggarwal appearing for the MIAL and its officials and directors argued that the summoning order was passed in a mechanical manner without application of mind and was in violation of section 190 and 204 of Code of Criminal Procedure ...

BCCL
Mumbai airport. The agency had pegged the alleged loss to the AAI at Rs 705 crore.
A special Central Bureau of Investigation (CBI) court has set aside the summoning order by the trial court against 58 accused in the alleged Rs.705 crores cheating case against Mumbai International Airport Ltd. (MIAL).

Amongst those who got relief include GVK group chairman GVK Reddy and his son Sanjay Reddy .

Advocate Vijay Aggarwal appearing for the MIAL and its officials and directors argued that the summoning order was passed in a mechanical manner without application of mind and was in violation of section 190 and 204 of Code of Criminal Procedure (CrPC). He further argued that the summoning order has been passed en masse and the same nowhere describes/explains the specific role of the 58 accused persons in the commission of the alleged offence.


He also contended that the summoning order had been passed at a lightning speed i.e. on the same day of filing of chargesheet comprising more than 70,000 pages.

On the other hand, CBI argued that while issuing process based on the final report, the trial court was not required to record the reasons or make a roving enquiry into the merits of the case.

Earlier in January, the special Central Bureau of Investigation (CBI) court had remanded the case to magistrate court after it found that there was no case of corruption by public servants made out by the agency against GVK group executives and others for alleged fraud in the development of Mumbai airport.
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In June 2020, the CBI had registered a case of criminal conspiracy and fraud against the Hyderabad-based infrastructure conglomerate — the GVK group — for
alleged irregularities of Rs 705 crore. Fourteen individuals and entities including GVK Airport Holding Ltd, MIAL, GVK group chairman GVK Reddy, his son Sanjay Reddy and unknown public servants were booked by the CBI.

However, since the agency has not made out a case against any government official under the Prevention of Corruption Act (PCA), In January this year the CBI court remanded the case for trial before a magistrate court.

According to the CBI’s FIR registered on June 27, 2020, the state exchequer has suffered a “loss” owing to “fraud” by the GVK group, which allegedly siphoned off funds meant for the development of Mumbai airport. The FIR stated the GVK group in connivance with unknown officials from the Airports Authority of India (AAI) adopted various means to siphon off funds meant for the modernisation, upgrade, operation and maintenance of Mumbai airport through their joint venture company Mumbai International Airport Ltd.

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The agency had pegged the alleged loss to the AAI at Rs 705 crore.
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