A Delhi court yesterday reserved its order for Thursday on whether to depute a commission to Canada to examine prosecution witness W E Miller in the one lakh dollar Lakhubhai Pathak cheating case.
Special judge Ajit Bharihoke, who reserved the order rejected a CBI plea seeking adjournment in the matter as the government is yet to get clearance from diplomatic channels for examination of three other witnesses in the case.
The three witnesses are Kishor Kamdar (Chicago-USA), Douglas Hanskart (California-USA) and Kumar Bhagchandani (Chile).
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Former Prime Minister P V Narasimha Rao, godman Chandraswami and his aide Kailash Nath Aggarwal alias Mamaji are facing trial in the case for allegedly cheating London-based businessman Lakhubhai Pathak who died in May this year.
Prosecution counsel A K Dutt told the court that the government wanted at least 90 days time to get diplomatic clearance from USA and Chile while moving an application along with the photocopy of mutual assistance treaty between Canada and India.
The court said, at least in Millers case, the prosecution has been able to file the mutual assistance treaty on the basis of which it can decide whether to send a commission or a questionnaire.
This was strongly contested by Raos counsel A M Kanwilkar who said Miller was not prepared to testify in the case and this had already been informed by the Canadian high commission.
Counsel for Chandraswami and Kailashnath Aggarwal, Santosh Kumar said that he will not oppose deputation of a commission, but insisted that Miller should be cross examined.
The court had directed the CBI on July 28 to clarify whether the government had made the arrangements necessary for examination of the witness in the US, Canada and Chile.