#NRHM scam: SC dismisses HCL’s plea
New Delhi: The Supreme Court on Tuesday allowed a special court to continue trying a case of conspiracy against HCL Infosystem Ltd in relation to the nearlyRs.9,000 crore National Rural Health Mission (NHRM) scam in Uttar Pradesh.
HCL was named co-accused along with a government official in relation the NRHM scam in the second chargesheet filed by the Central Bureau of Investigation.
Dismissing HCL’s appeal, a bench, comprising justices V. Gopala Gowda and Adarsh Kumar Goel, ruled that a special judge designated to handle cases arising out of a Prevention of Corruption Act could continue trying a co-accused even if the public servant had died before the trial commenced.
HCL Infosystems, in an email statement on Wednesday, said that it would continue contesting the chargesheet in the case before the Ghaziabad special court.
“The Hon’ble Supreme Court vide its order dated August 9, 2016 has not allowed the Special Leave Petition (SLP) filed by the company in 2015 challenging the jurisdiction of the special judge, CBI to try the alleged offences against the company arising out of this case and contends that this case may be tried by the Special Court appointed for this purpose. This development does not in any way change the underlying case which is already being contested by the company in the Ghaziabad Special Court,” the statement said.
The apex court added that since the special court was also authorised to try other offences arising under the Indian Penal Code and not just the ones under the Prevention of Corruption Act, the trial could continue.
This authorisation was given to the Ghaziabad special court by the Allahabad high court in a 2013 order so that it could deal with all matters related to the NRHM scam.
HCL had approached the Allahabad high court claiming that the special court did not have the jurisdiction to try cases against it after the death of the public servant. However, the high court dismissed the petition. It appealed to the apex court after that.
