Summary
Accused public servants, companies and officials challenged the High Court’s direction to frame corruption and conspiracy charges concerning Goa power-tariff rebates. Applying the prima facie standard, the Court upheld continuation of proceedings without deciding guilt and permitted the appellants to present their cited materials to the trial court.
Issues
- Whether the material concerning rebate notifications allegedly issued without Cabinet approval justified framing the surviving charges.
Held
- At the charge stage the court applies a prima facie standard to the material concerning the essential elements. It cannot conduct a roving inquiry or weigh the evidence as at trial. (¶ 12)
- The allegations of notifications issued without Cabinet approval and in violation of rules, assessed holistically, furnished sufficient basis for the High Court’s direction to frame charges. Detailed merits examination was inappropriate at that stage. (¶ 13)
- The appellants were permitted to place the material, judgments and earlier Supreme Court order relied upon before the trial court. (¶ 14)
Result
Appeals disposed of without interference with the High Court’s order directing corruption charges read with criminal conspiracy; liberty granted to present the cited materials before the trial court.