Earlier, chief metropolitan magistrate Prem Kumar had implicated Rao in the case on the statement of pickle king Lakhubhai Pathak and had summoned him. If the proposal mooted by the court goes through, Rao will have an opportunity to convince a new magistrate that he should not be summoned on the evidence of Pathak. The division bench consisting of Justice S C Agrawal and Justice G T Nanavati is likely to pass an order today, and dispose of Rao's appeal and writ petition along with it.
Rao's counsel Kapil Sibal also can seek exemption from personal appearance before the new magistrate. The new magistrate will consider the issue afresh, without taking into account the proceedings before Prem Kumar or the Delhi high court, which had upheld the magistrate's order earlier this month.
Sibal sought time to seek instructions from Rao on these suggestions. He will submit his final views today, after which the court may pass its order.
Counsel also said that even if the new magistrate came to the same conclusion as Prem Kumar, Rao should be given enough time to move an appeal. However, Attorney General Ashok Desai, representing the Centre and the CBI, submitted that the court should see to it that if the new magistrate also came to the same conclusion Rao should not come back to Supreme Court with the argument that the evidence was not enough to charge him under Section 420 (cheating) and 120B (conspiracy) of the Indian Penal Code.
Prem Kumar, on the basis of the testimony of London-based businessman in the complaint case against Chandraswami and Kailash Nath Aggarwal alias Mamaji, summoned Rao as an accused in the case.
Pathak had alleged that he was duped of the money by the godman on the false promise that they would secure him newsprint and paper pulp contract in India, using Rao's influence.
Pathak had stated in his testimony that he paid the money to the godman in 1983 after Rao, then External Affairs Minister, assured him at a New York that Swamiji has told me everything and your work will be done.