Sacked CWG organising committee chief Suresh Kalmadi will face trial for allegedly abusing his office and causing loss of over Rs90 crore to exchequer in a games-related graft case before a Delhi court which ordered on Friday the framing of cheating and conspiracy charges against him.
Special CBI judge Talwant Singh fixed January 10 for framing of charges against Kalmadi and nine others. Besides cheating and conspiracy, they will also be charged with the offences of forgery under the IPC and criminal misconduct by public servants under the Prevention of Corruption Act.
"Charges under Section 120B (criminal conspiracy), read with 201 (destruction of evidence), 420 (cheating), 467, 468, 471 (relating to forgery), 506 (criminal intimidation) of the IPC and section 13(1)(d) read with section 13(2) (criminal misconduct by public servants) of the PC Act is ordered to be framed against all the accused," the court said.
The judge, however, said since accused Swiss firm, Swiss Timing Omega, which was allegedly awarded the contract at exorbitant rates, is not appearing in the court despite proper service of summons, its "trial is separated."
"Investigating Officer is directed to file a copy of charge sheet separately against accused number 11 (Swiss Timing Omega)," the court said. The accused have been charge sheeted by the CBI for "illegally" awarding a contract to install Timing, Scoring and Results (TSR) system for the 2010 CWG to Swiss Timing at an inflated rates causing a loss of over Rs 90 crore to the public exchequer.
Besides Kalmadi and Bhanot, the other accused in the case are OC's director general VK Verma, director general (Procurement) Surjit Lal, joint director general (sports) ASV Prasad and treasurer M Jayachandran. They are no more associated with the sporting body. The court has said substantial charges of misusing their official positions have been made out against six former OC officials, who were public servants.
Apart from the six, promoters of two construction firms-- P D Arya and A K Madan of Faridabad-based Gem International and A K Reddy of Hyderabad-based AKR Constructions are also accused in the case. Swiss Timing Omega is also an accused in the case.
The CBI had alleged that Kalmadi and others had rejected Spanish firm MSL's much lower bid of Rs 62 crore and awarded the contract to Swiss Timing Omega, causing a loss of over Rs 90 crore to the exchequer.
During the arguments on charges, CBI counsel V K Sharma had argued that Kalmadi and others had decided to award the contract for installing the TSR system for the CWG to Swiss Timing even before the firm had bid for it.
Sharma had also said that for TSR installation, two bids had been received - one from Swiss Timing and other from MSL Spain, and the same were opened on November 4, 2009 but Kalmadi and Verma had announced in a meeting on October 12, 2009 itself that the contract would be given to Swiss Timing. He had also said Kalmadi had made up his mind in advance to award the contract to the Swiss firm.
Kalmadi's counsel, however, had argued that the facts given in the CBI's charge sheet were contrary to the documents which the agency had filed in the court. Kalmadi had told the court that he was only doing the work assigned to him as the OC chairman and nothing wrong was done by him in the entire process.
The counsel appearing for other accused had also opposed the allegations levelled against them by the CBI.