Corruption case against Union Minister Virbhadra Singh

New Delhi: A court in Himachal Pradesh has framed corruption charges against Union minister Virbhadra Singh and his wife, Pratibha.

While delivering the verdict, the trial court adjourned the case sine die pending a Himachal Pradesh High Court decision on Mr Singh's petition seeking either the transfer of the corruption case to the Central Bureau of Investigation (CBI) or quashing a police complaint against him and his wife.

It means the trial court will now hear the case after a green signal from the High Court.

Monday's development is significant as Minister for Micro, Small and Medium Enterprises, Mr Singh himself announced in Dharamsala June 8 that he would resign in case charges were framed against him in the case.

Special public prosecutor Jiwan Lal Sharma said that charges against Mr Singh were framed under Sections 7, 11 and 13 of the Prevention of Corruption Act and Section 120-B of the Indian Penal Code (IPC).

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He said charges against Pratibha Singh were framed under Section 9 of the Corruption Act and Section 120-B of the IPC.

The prosecution had filed the chargesheet against the couple in October 2010.

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Virbhadra Singh and Pratibha Singh were booked by the state police August 3, 2009, under the Prevention of Corruption Act for alleged misuse of his official position and criminal misconduct when he was the chief minister of the state in 1989.

According to the police, the couple was booked on the basis of an audio CD released by Mr Singh's political adversary Vijai Singh Mankotia in 2007.

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The CD allegedly contained Mr Singh's telephonic conversation with IAS officer Mahinder Lal, who is now dead. It also contained voices of his wife and some industrialists, who have been identified by police, proposing to invest in the state.

Mr Singh, meanwhile, called it a "concocted case". "The CD has not been authenticated, but I don't want to embarrass my party. I will take a proper step," he said.

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Defence counsel too had contended that the case was frivolous and it was registered on the basis of an audio CD whose origin, source and authenticity were not known.

While hearing five-time chief minister Virbhadra Singh's petition in January, the High Court observed that the trial court was free to examine the accused.

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The division bench of Chief Justice Kurian Joseph and Justice VK Ahuja said: "The trial court is free to examine the accused."

"The trial court has already summoned the petitioners by order dated October 23, 2010. That order has become final. The next stage is consideration of charge. Having not challenged the order under Section 204 CrPC (code of criminal procedure) the petitioners have to face the next stage of consideration of charge," the bench had said, adding "consideration of charge did not mean that charges have been framed".

"The petitioners and the respondents have advanced several arguments and have raised several contentions including the maintainability of the writ petition. We do not think it necessary, at this stage, to go into all those aspects," the bench said.

"The trial court has posted the case for consideration of charge. As we have clarified the legal position, consideration of the police charge and the documents sent therewith is the exercise to be undertaken by the trial court. The trial court is free to examine the accused," it said.

"In case the petitioners are discharged in the process of the consideration under section 239 CrPC, it's not necessary to consider the other prayers in the writ petition. On the contrary, in the process, in case the charges are framed against the petitioners only then all other contentions need be looked into, including the one for investigation by the CBI," the court said.