Vigilance Police will make counter arguments in the Orissa High Court on Monday in response to a petition that challenged the maintainability of the FIR registered against mine owner Deepak Gupta.
Challenging the maintainability of the FIR, Gupta's counsel Manoj Mishra today argued that 'vicarious liability' could not be fixed on the directors of the company headed by Gupta.
Mishra said no penal offence could be made out against his client who is facing charges under the provisions of Mines and Minerals (Distribution and Regulation) Act.
Completing his argument in support of the petition that questioned the maintainability of the FIR, Mishra said the July 27, 2013 vigilance FIR should be quashed as his client was already facing prosecution for the same offence for over a year now.
The single-judge bench of Justice B K Nayak adjourned the case till Monday when the vigilance would give its reply to the points raised by Gupta's counsel.
The final hearing of the petition began in the high court last week.
Meanwhile, the interim relief provided to the family members of Gupta by the high court was also extended till Monday, which meant that his parents and wife could not be arrested till then.
Cases were registered against Gupta and directors of his steel and power company under several sections of Prevention of Corruption Act, MMDR Act, Forest Conservation Act and sections 120-B, 420, 379 and 411 of IPC for illegal mining of iron ore in Keonjhar district valued at Rs 1,800 crore and causing a loss of about Rs 800 crore to the state exchequer.
Gupta was arrested by the vigilance earlier this month and is now in judicial custody.
