The Delhi High Court Wednesday issued notice to the CBI on former Commonwealth Games (CWG) organising committee chief Suresh Kalmadi's plea for quashing of FIR and proceedings against him.
Justice Kailash Gambhir, seeking response from the Central Bureau of Investigation (CBI), asked it to file response in three weeks and posted the matter for March 7.
Kalmadi moved the court terming the investigation against him "illegal" as he was a central government employee and no prior sanction from the government was taken to initiate inquiry under the Prevention of Corruption (PC) Act.
Senior advocate Mukul Rohatgi, appearing for Kalmadi, told the court that under section 6A of the Delhi Special Police Establishment (DSPE) Act, his client was entitled to protection from any investigation in corruption cases.
Rohatgi said his client was "appointed in January 2005 by the central government as chairman of the organising committee of CWG, which was constituted by the central government in February and he was confirmed in March".
However, CBI counsel told the court that no protection was given under section 6-A of the DSPE Act.
The plea by Kalmadi said: "There is an absolute bar on the initiation of any inquiry or investigation by the CBI into an offence alleged to have been committed under the PC Act if a person is covered within the ambit of section 6-A (1) (b) of the DSPE Act."
"No prior approval taken under section 6-A of the DSPE Act. Hence, investigation in this case was carried out in contravention of the mandatory requirement of section 6-A of DSPE Act and thereby depriving the applicant of statutory protection to which he was entitled," the plea added.
"So the investigation is illegal and further proceeding cannot be continued till the illegality is cured," Rastogi said.
The trial court Dec 21 last year dismissed same plea of Kalmadi, which he challenged in the high court later.
The petition said: "Pass order for quashing the FIR filed by CBI on November 29, 2010, and all the proceedings emanating therefrom including the investigation being conducted against him."
A Delhi court Monday framed charges against Kalmadi and nine others for forgery, cheating and conspiracy in a corruption case related to the 2010 Games.