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SC go-ahead for prosecution of Nasscom chief

New Delhi, February 21
Prosecution of former MD of Hewlett Packard Som Mittal in a case of rape and murder of a woman employee by his company driver in Bangalore in 2005 will proceed with the Supreme Court leaving undisturbed an earlier decision that has sent rumblings across the country’s BPO sector. “It is unnecessary to examine these contentions urged by the parties, on merits. As already noticed, both the learned Judges have concurred and dismissed the appeal.

“What is referred is only the legal issues which did not affect the final decision of the learned Judges that the appeal should be dismissed,” a three-Judge Bench of the apex court headed by Chief Justice K G Balakrishnan observed in a seven-page verdict.

The Bench was giving its opinion on the appeal of Som Mittal, who is now the President of Nasscom, against the Karnataka High Court order upholding the trial court order issuing notice to him. A two-member Bench of the Supreme Court comprising H.K. Sema and Markandey Katju had last month concurred with the High Court view and dismissed the appeal.

The notice was issued on a complaint filed a Labour Inspector in Bangalore for taking cognisance the alleged failure of Mittal as company management to provide security to Pratibha Srikantmurthy, who was raped and murdered by the driver of the company’s drop van. The penalty on Mittal, if found, guilty is only a fine.

The company said today that the court has not pronounced either Mittal or HP guilty on any count. It said in a statement: “In the matter concerning the order passed by the honourable Supreme Court in response to a petition filed by Som Mittal, HP India would like to clarify that the honourable court has not pronounced either Mittal or HP guilty on any count.” — PTI

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