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Wednesday, November 18, 1998
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Court seeks fresh CBI report on
Prabhakar Rao's role in urea scam

NEW DELHI, Nov 17 (PTI) — A Delhi court today sought a report from the CBI within two months regarding material available against former Prime Minister Narasimha Rao’s son Prabhakar Rao in the Rs 133-crore urea scam case while framing charges against eight accused in the case.

Special Judge V.B. Gupta, who ordered framing of charges against Narasimha Rao’s kin Sanjeeva Rao, former Fertiliser Minister Ram Lakhan Singh Yadav’s son Prakash Yadav, former NFL officials C.K. Ramakrishnan and D.S. Kanwar, Turkish firm Karsan’s executives Cihan Karanci and Tuncay Alankus, their Indian agent Sambasiva Rao and Mallesham Goud, wondered why Prabhakar Rao was not chargesheeted by the CBI.

"Prabhakar Rao, who is also alleged to have received kickback in the present urea scam, has been left out by the investigating agency for reasons best known to them", Mr Gupta observed in his 161-page order.

He directed the CBI to file a status report within two months if there was sufficient material to proceed against Prabhakar Rao, who was earlier given a clean chit by the agency.

"Prima facie, it is clear that there are sufficient grounds for framing charges against all the accused persons", Mr Gupta said while fixing December 1 for formally framing charges against them.

The accused have been charged under Section 120 (B) (criminal conspiracy) and Section 409 (misappropriation), alternatively. They have also been charged under Section 420 (cheating).

Ramakrishnan, Kanwar, Alankus and Karanci were charged under Section 409 of the IPC (misappropriation) with alternative charge under section 420 IPC, (cheating).

"Further, charges under Section 120-B IPC, (criminal conspiracy), read with Section 13(1)(C) and 13(1)(D) of the Prevention of Corruption Act (PCA) punishable under Section 13(2) of the PCA and further charges under Section-13(2) read with 13(1)(C) and 13(1)(D) of the PCA be framed against accused Ramakrishnan and Kanwar", the order said.

Gupta also framed a separate charge under Section 13(2) read with Section 13(1)(C) of the PCA against accused Prakash Yadav, who was a member of the Bihar Legislative Council at the relevant time.

However, the court dropped the charge against NFL officials Ramakrishnan and Kanwar under Section 201 (destroying evidence) saying "no ground is made out for framing of charge under Section 201, IPC against them".

In the chargesheet filed before the court in December, 1997, the CBI had accused the duo of destroying the papers of the first contract signed in July 1995 between the NFL and Karsan.

"There is nothing on record to show that these two accused persons have caused disappearance of earlier contract (papers) dated July 27, 1995, nor there is any material on record to substantiate this allegation against these two accused", Mr Gupta observed in his order.
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