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November 5, 1999

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Delhi HC to hear petition on Rajiv's name in chargesheet

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A petition seeking deletion of former prime minister Rajiv Gandhi's name from the Bofors chargesheet filed by the Central Bureau of Investigation will come up for hearing at the Delhi high court on November 18.

However, the criminal writ petition will not distract any proceedings in the trail court or government actions in this regard, said Justice Syriac Joseph while asking the Rajiv Gandhi Ekta Samiti, a Delhi-based social welfare organisation, to prove its credentials.

He said, ''No notice is being issued at present and the petition should not inhibit anyone from taking any decision in the matter.''

He said he was not satisfied with the petitioner as the Samiti is not a recognised body. He asked for the rules and regulations of the Samiti besides its constitution to be placed on record.

The Samiti's counsel Vijay Shukla said, ''Inclusion of Mr Gandhi's name in the chargesheet submitted by the CBI recently is illegal and injustice has been caused to the departed soul.'' He called for quashing of the entry as there is no provision in the law for filing of a chargesheet against a dead person.

Shukla listed 42 reasons for the deletion of Rajiv Gandhi's name from the chargesheet and said the high court must exercise its powers under Section 482 of the Criminal Procedure Code.

Additional Solicitor General S R Jaisinghani said the petition must be dismissed without any consideration.

UNI

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