New Delhi, Jan 19 (.) The Supreme Court on Monday dismissed the Centre’s appeal challenging a Delhi High Court order that had set aside the suspension of government business dealings with Defsys Solutions Private Ltd, after the Central Bureau of Investigation (CBI) stated that it had not found any incriminating material against the company.
Defsys Solutions had been barred from conducting business with the government on allegations linking it to the AgustaWestland VVIP chopper case.
The Delhi High Court, by an order dated August 28, had lifted the suspension, prompting the Centre to approach the apex court.
While hearing the appeal on December 16, the Supreme Court had asked the Centre to indicate whether any fresh material had been collected against the firm.
On Monday, Additional Solicitor General K.M. Nataraj informed a Bench comprising Chief Justice of India Surya Kant, Justice Dipankar Datta and Justice Joymalya Bagchi that the CBI had not come across any adverse evidence against Defsys so far.
During the hearing, Justice Bagchi also questioned the basis of proceedings against Defsys when AgustaWestland, the principal accused in the case had already been granted relief.
He recalled that the government’s case before the High Court was that AgustaWestland was the main offender and that funds had allegedly moved from it through Defsys.
Appearing for Defsys Solutions, Senior Advocate Mukul Rohatgi submitted that the company had no financial dealings with AgustaWestland.
He also pointed out that despite the passage of over 12 years since the registration of the case, the investigation was still continuing.
Recording the submission made on behalf of the CBI, the Supreme Court observed that in the absence of any adverse material against the respondent company, there was no justification to interfere with the High Court’s decision.
Accordingly, the special leave petition filed by the Centre was dismissed.
The Court, however, clarified that if the investigating agency were to come across any fresh material in future, it would be at liberty to proceed against the company in accordance with the law.
In view of the dismissal of the appeal, the Supreme Court also noted that Defsys Solutions would be free to approach the competent authority in the Ministry of Defence for appropriate relief concerning the earlier suspension order.
. SNG SAS PRP