Virbhadra Singh to file revision petition in HC
New Delhi: Rubbishing framing of charges against him by a Special Judge, Union Minister Virbhadra Singh today said the matter is sub-judice and decided to seek justice by filing a revision petition against the decision of the special court. Singh issued a statement to the press saying he had filed a writ petition in the Shimla High Court for quashing of the entire criminal case against him and his wife Pratibha.
Referring to a January 7, 2011 order of the High Court, he said the court had then observed that if the Special Judge felt there is material to frame charges against him, the judge may express his opinion to the High Court and not proceed any further. "… in that situation the writ petition will be re-heard (by the High Court) for all the reliefs as claimed therein, which included transfer of investigation to CBI," Singh said.
The former Himachal Pradesh Chief Minister said in view of today`s order the writ would be re-heard in due course by the High Court, where the matter is sub-judice. He said a "revision petition" would be filed against the decision of the Special Judge for not discharging the accused as well as not considering the material placed on records of the Special Judge by the accused. "Virtually, the battlefield has changed from Special Judge to High Court and all such steps would be taken as necessary to get complete justice," Singh said.
Singh said the records placed before the Special Judge – which it had not considered – consisted of writ petitions with affidavits of the witnesses who had claimed before the High Court that they did not make any statement before the police and their statements as recorded by the police (against the accused) were fabricated. He said the exercise of "complete framing of charge" by the Special Court has not been undertaken yet in view of the High Court`s interim directions.
Earlier, while reacting to the framing of charges, Singh said, "The evidence is concocted. The CD has not been authenticated. They have not compared my voice." Asked whether he would resign, he said, "I don`t care for my office at all. I don`t want to embarrass my party and the Prime Minister. As and when the occasion arises, certainly I will take appropriate action."
Special Judge B L Soni, who had reserved framing charges on conclusion of arguments on June 6 said sufficient evidence existed for framing of charges against Singh and his wife in the "infamous" CD case in which they were allegedly having a conversation with IAS officer Mohinder Lal and some industrialists regarding monetary transactions.
The Special Court framed charges under various sections of the IPC and Prevention of Corruption Act against 78-year old Singh. Singh and his wife were booked in the case on August 3, 2009, on the basis of an audio CD released by former Congress Minister Vijay Singh Mankotia in May, 2007 and the prosecution filed the case in the court of special judge in October, 2010.