KTR’s lawyer Siddharth Dave said that if a case is filed against KTR for signing a file no minister in the country will sign a file and if Section 409 is implemented against KTR, there is a chance of chaos in the country.
He argued in Telangana High Court before Justice Laxman’s bench on KTR’s quash petition in the Formula E-car racing case. In this case. ACB DSP filed a counter petition against the quash petition filed by KTR. ACB has sought the lifting of the not-to-arrest order against KTR. KTR has filed a counter affidavit on the not to arrest.
“I can give you many examples of cases heard so far in the Bombay High Court”, Advocate Siddharth Dave told the court asserting that Section 405 is not applicable to the matter of not taking permission. He recalled that the funds were transferred to the organizing team through the banking channels decided by KTR as a minister.
Siddharth Dave argued that the Rs. 8 crores that the ACB is saying will not go to KTR’s account and it will also go to the account of the organizers. He also told the court that the company that received the money has not been included as an accused.
The High Court asked what the name of the foreign company was. With this, Siddharth Dave submitted the FEO details to the court. He said Section 13(1)(a) does not apply to KTR in this case as it wasw not KTR who benefited from these funds.
Stating that policy decisions should not be taken when the Election Code is in force, he argued that here they have implemented the agreement that was in place beforehand. They are saying that a third party benefited here, but the third party is not mentioned anywhere in the FIR, said KTR’s lawyer.
He said that it is not true that government funds were misused, but he was included as an accused for embezzlement on the file placed before him as the then Municipal Minister. KTR did not benefit in this entire affair and how can it be wrong if an agreement is made, he asked.
“Is there a clause saying not to make an agreement with a foreign company? If there is such a clause, then KTR has made a mistake. But how can it be wrong if an agreement is made here”, argued Advocate Siddharth Dave.
