09 January,2024 09:38 AM IST | Mumbai | mid-day online correspondent
Bombay High Court/ File Photo
The Bombay High Court has allowed a disabled individual accused of impersonating a CBI officer and scamming multiple people, including filmmaker Rakesh Roshan, to testify before a special CBI court via video conference at the case's verdict. The special court under the Central Bureau of Investigation (CBI) is set to rule on the case on Tuesday, stated a report in PTI.
In a verdict issued on Monday, Justice M S Karnik noted that the accused, Ashwini Kumar, who is currently on bail and lives in Haryana, had an 80% disability that prevents him from travelling to Mumbai from his home, the report added.
According to the PTI report, Kumar challenged an earlier ruling by the special CBI court, which issued a non-bailable warrant against him and directed his appearance on the judgement day, despite his physical limitations following the accident.
Kumar asked permission to appear via video conference, citing his disability and stating that he would not contest the legality of the judgement owing to his absence.
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The HC accepted his appeal and, taking into account his 83 per cent physical disability, allowed him to attend the judgement via video conference. The judge also permitted CBI officers to accompany Kumar to the Panipat district court, from which he will appear online before the Mumbai Special judge, the PTI report further stated.
"Considering the peculiar facts of this case and having regard to the medical evidence on record coupled with the fact that the evidence of the petitioner is recorded through video conferencing and as he is suffering from 83 per cent physical disability, in my opinion, in the interest of justice, this is a fit case where the judgment can be pronounced by the trial court by permitting the petitioner to present himself through video conferencing," the judge said.
Reportedly, Kumar and Rajesh Rajan were arrested by the CBI in 2011 on charges of defrauding over 200 people, including prominent names such as Rakesh Roshan and businesspeople. The agency accused them of engaging in fraudulent operations while posing as CBI personnel beginning in 2006. Their operations were revealed when they sought Rakesh Roshan for a monetary settlement in an alleged civil case. Roshan, after paying Rs 50 lakh, reported the case to the CBI's anti-corruption wing when the promised resolution did not materialise.
Furthermore, the CBI alleged that the accused approached a lawmaker involved in the Adarsh construction fraud and offered help in weakening the case in exchange for cash. After being arrested, both were released on bail.
