Justice S K Mahajan issued notice to the CBI after the application was directed to be listed for hearing yesterday itself by a division bench comprising justice Mahinder Narain and justice M S A Siddiqui before whom the counsel for Rao mentioned the matter. The CBI accepted the notice in the court itself through its counsel, S Lal.
Rao has been summoned to appear by the additional sessions judge, Ajit Bharihoke, on September 30 for framing of charges against him in connection with the case. Justice S K Mahajan, after hearing the counsel for Rao, Kapil Sibal for five minutes, fixed the hearing of the application for today.
Sibal told the court that the trial court has already made up its mind in regard to the involvement of his client in the case. Rao submitted that as the other two accused in the case, self-styled godman Chandras-wami and his secretary Kailash Nath Aggarwal alias Mamaji, were already in the jail in judicial custody, he apprehended being arrested in the case on appearing in the court on September 30.
The UK-based businessman, Lakhubhai Pathak, had alleged in his testimony before a trial court that he was duped of one lakh dollar by Chandraswami and Mamaji on the false promise of securing him newsprint and paper pulp contracts in India.
He further alleged that he paid the money to the duo on the basis of an assurance given to him by Rao, the then external affairs minister, at a New York hotel on December 22/23, 1983, in this regard.
Rao further pointed out the discrepancies in the order of special judge, Ajit Bharihoke, who on last Saturday ordered for the personal presence of the former premier in the court on September 30 and said the summons issued to him on charges of Section 420 (cheating) and Section 120b (criminal conspiracy) were totally valid.
Bharihoke further said that from the testimony of Pathak it was clear that prima facie there was evidence to suggest involvement of the former premier in the cheating case.
Rao resigned from the post of Congress president within hours of the pronouncement of the order by Bharihoke.
In a fast development, the matter was mentioned first before the chief justice's court yesterday morning but he told Sibal to approach the bench comprising justice Mahander Narain and justice M S A Siddiqui.
The latter bench later allowed the matter to be listed before the court of justice Mahajan.
