Partial relief for Jagan
CBI court says no criminal breach of trust against Jagan It also says Sec 12 of PC Act not applicable...
- CBI court says no criminal breach of trust against Jagan
- It also says Sec 12 of PC Act not applicable against him
- Jagan was not a public servant at the time of offence
- He was also not connected to any public property then
Hyderabad: In a partial relief for YSR Congress president Y S Jaganmohan Reddy, the principal special court for CBI cases has said sections 409 IPC and section 12 of Prevention of Corruption Act were not applicable against him.
The Special Court on Monday took cognizance of the offenses charged against Jagan, Home Minister P Sabitha Indra Reddy and 11 others in connection with the disproportionate assets case against the Kadapa MP.A The CBI said in its charge-sheet that Jagan has committed the offences punishable under Sections 120-B r/w 420, 420, 409 IPC and Sections 9 and 12 of PC Act.
But, the court felt that Section 409 IPC (Criminal breach of trust by public servant, or by banker, merchant or agent) and Section 12 of PC Act (Punishment for abetment of offences defined in Section 7 or 11) were not applicable against Jagan.
The court also felt that Section 409 IPC and Section 12 of PC Act would be applicable only if a person is public servant at the time of commission of offence. Jagan was neither public servant, nor banker or merchant or agent entrusted with public property at the time of commission of the offenses alleged to have been committed by him. (Though MPs are considered as public servants, ha was not a Parliament Member at that time).
Hence, the court refused to take cognizance of offences charged under the two provisions against Jagan. It took cognizance of only offences punishable under sections 120-B r/w 420, 420 IPC and section 9 of PC Act.
The charge-sheet, fifth in the series, alleged that Jagan influenced his father and late Chief Minister Y S Rajasekhara Reddy to extend undue favours to Dalmia Cements. In return, Dalmia Cements allegedly paid Rs 95 crore as bribe by way of investing in his group companies, as a quid pro quo. Jagan will be produced before the court on June 7 as per the directions of the special court. Home Minister P Sabitha Indra Reddy, who figured as accused No.4 in the case, has also been directed to appear before the court on the same day.