CHENNAI: Madras High Court on Tuesday dismissed a petition by Abdul Karim Telgi, key accused in the multi-crore fake stamp paper case, and two others, challenging proceedings in respect of cases filed in Tamil Nadu being conducted through video conferencing.
Justice S Palanivelu dismissed the petition by Telgi, Abdul Wahid and Jacob Chackoo, who were lodged in Yerwada Central Prison, Pune, seeking a direction to the CBI for their physical production other than by video conferencing before the Additional Special Judge for CBI cases in Chennai.
The Supreme Court was of the firm view that the fundamental right of an undertrial prisoner under Article 21 was not absolute one and was circumscribed by the rules and regulations in the prison mannuals of respective states.
Applying those principles to the case on hand, it had to be held that even though the provisions for personal appearance of the accused was incorporated in the statutes, the right of the accused, being not absolute, the use of video conferencing system could not be held as a violation of the provisions, the judge added.
The Judge said such procedure would avoid strain of the accused in undergoing the ordeal of travel to appear before the court, reduce manpower, energy and monetary loss to the government and ensure safety of the prisoners and proper conduct of court proceedings.
The case related to printing and circulation of fake stamp papers in the state. Telgi and ten others had been charged with cheating, forgery, conspiracy and counterfeiting.
It was alleged by the probe agency that in connivance with Telgi, the accused persons had aided the offences of printing and selling counterfeit government stamps to various business houses, thereby causing huge loss to the exchequer.
The charge sheet further alleged that in connivance with the other accused persons, Puran Singh. in course of investigating one of the fake stamp cases, had prepared false statements to facilitate Telgi in expanding his counterfeit stamp racket.
All the policemen have been charged with offences under 120B (criminal conspiracy), 193 (giving false evidence), 218 (public servant framing incorrect record), 259 (possession of counterfeit government stamps) of IPC along with relevant provisions of Prevention of Corruption Act.
