Bombay high court stays probe order against MIAL

The Bombay high court (HC) has stayed an Andheri metropolitian court order to file an FIR against the Mumbai International Airport Pvt Ltd (MIAL) and probe allegations that the GVK-led consortium had accrued Rs 5,880 crore worth of undue benefits.

MIAL, which was represented by a team of lawyers including former union minister Kapil Sibal, had contended that the demand for an FIR was based on newspaper reports about a draft report of the Comptroller and Auditor General (CAG) alleging undue benefits, and that the lower court's order is of the nature of non-application of mind.

The complainant, Vishwas Bhamburkar, in response filed an affidavit on Tuesday challenging the stay order, claiming that the FIR was not based on just media reports, but on a CAG report which he has already submitted to the metropolitan court and to the police.

The airport police had on November 1 registered three FIRs following an order by the Andheri metropolitan magistrate court. Citing a report by the CAG, Bhamburkar had alleged that civil aviation officials connived with promoters of the GVK group, which runs the airport through its subsidiary MIAL, to benefit the latter to the tune of Rs 5,880 crore. Bhamburkar had to approach the court as the police first refused to take his complaint. One of the FIRs is against the police for refusing to register the case.

The stay order by Justices Anuja Prabhudessai and VM Kanade stated that, prima facie, even if the complaint is read as whole, the ingredients of the offence under sections 420, 467, 468, and 471 of IPC are not made out, and therefore, the petitioners are entitled to get ad-interim order till the notices are served.