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"Judge's remarks against Rajiv Gandhi unwarranted"

By Our Staff Reporter

NEW DELHI NOV. 27. The Delhi High Court today adjourned to December 9 a writ petition filed by the Rajiv Gandhi Memorial Lawyers' Forum seeking directions to the Special Judge for CBI cases, Prem Kumar, to expunge his remarks against the former Prime Minister in the Bofors gun deal case.

A Division Bench, comprising Justice Devinder Gupta and Justice A.K. Sikri, deferred hearing on the petition, saying that the petition filed by the Hinduja brothers for quashing of the chargesheet should be decided first by another Bench of the High Court. The petition said that while framing charges against the Hinduja brothers in the case, the judge had made certain observations on the role and alleged culpability of Rajiv Gandhi in the deal. The observations were "unwarranted" and contrary to what the High Court had observed on the role of Rajiv Gandhi, while disposing of a public interest litigation by the same Samiti challenging the CBI chargesheet which showed Rajiv Gandhi as an accused not sent up for trial (column no. 2). Justice Cyriac Joseph had then said: "Bearing in mind the basic principles of criminal jurisprudence, this court can only observe that in the given situation, Rajiv Gandhi is entitled to the benefit of the legal presumption that he is innocent and not guilty.''

Mr. Kumar had made observations, which were tantamount to a verdict of ``guilty,'' when Rajiv Gandhi was not alive to defend himself. It was unfortunate and ``deplorable'' that the Special Judge had passed such severe strictures without any contextual relevance, the petitioner said.

It was also a matter of concern that the Central Bureau of Investigation did not bring the High Court's observations to the notice of the Special Judge as the same counsel for the CBI had appeared before the High Court and the Special Court. The adverse remarks by the Special Judge were an "abuse of the process of law and an insult to the departed soul of Rajiv Gandhi."

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