“I will not pass any order. You argue at your own peril,” Justice Ajit Bharihoke warned, asking Delhi-based journalist M Furquan to withdraw the petition, which also sought prosecution of DMK chief M Karunanidhi's wife, Dayalu Ammal. “I may impose a fine for filing a rubbish plea,” the judge told Furquan when the petitioner said he intended to argue the case. “I will notallow you to approach anywhere. Withdraw your petition.”
Furquan agreed to withdraw the petition but requested the court to give him the liberty to approach the Supreme Court. The judge told him he could go wherever he wanted but the HC would not entertain his plea.
Furquan approached the HC after the sp
ecial CBI court rejected his application seeking a similar order. Special Judge O P Saini had said no third party would be permitted to “alter or interfere” with the ongoing CBI probe in the case.
The court had noted that both the applications—one of them by Furquan and the other by a Delhi-based businessman—had failed to put forth any new evidence warranting the need for the inclusion of these persons as accused in the case.
“Cognizance of the police case has already been taken and no further investigation can be ordered by the court at the instance of third parties, who are not even remotely connected with the issue,” the special court had remarked.
“The police case can't be altered beyond recognition at the instance of third parties, whose motives are unknown and (who) are also not in possession of any new evidence,” the special court said and imposed a Rs 10,000 fine each on the petitioners. “The applications are not only devoid of substance but contrary to law and deserve to be dismissed with heavy cost as applications after applications of this nature are being filed by third parties, resulting into loss of precious time of the court,” it noted while dismissing the case.