Pune: Bombay High Court Stays FIR Proceedings Against Cognizant, L&T And Others In Rs 4.5 Crore Bribery Case
Mumbai/Pune, 9th May 2024: The Bombay High Court issued a stay order on Wednesday, halting proceedings until the next hearing regarding the Anti-Corruption Bureau’s FIR filed with the Bund Garden police. The complaint alleges a $770,000 bribery scandal linked to environmental clearances for IT giant Cognizant’s Hinjawadi campus.
This order, a response to a writ petition filed by L&T, accused of facilitating the bribe payment on behalf of Cognizant, was swiftly issued following the Anti-Corruption Bureau (ACB) Pune unit’s complaint earlier that day. Lawyer Pratik Rajopadhye, part of the legal team representing the complainant, clarified that the stay primarily revolves around territorial jurisdiction. The court questioned why the ACB chose to file a complaint with the police instead of directly registering an FIR, as mandated by a Pune court.
Rajopadhye stated, “The lawyer representing the ACB informed the court that, unlike the ACB Mumbai unit, the ACB Pune unit lacks the authority of a deemed police station.”
Consequently, the High Court instructed the ACB to submit an affidavit clarifying its stance and imposed a stay on the police complaint until the next hearing.
Previously, the ACB Pune had expressed its intent to challenge a city sessions court’s directive on April 19 to investigate the bribery allegations. However, in a surprising turn, the ACB sought the assistance of the Bund Garden police, who promptly registered an FIR based on the complaint.
This action was initiated within 24 hours of the ACB’s written communication to the Pune court, requesting the dismissal of a contempt application by Prit Pal Singh, citing lack of evidence supporting the bribery claim.
An ACB official disclosed, “The directive to file an FIR, as per the court order, originated from higher authorities at the Mumbai head office after we submitted a report recommending reconsideration of the decision to appeal in the High Court following the Pune court’s contempt notice.”
The ACB formally registered Singh’s FIR with the Bund Garden police under the Prevention of Corruption Act and the Indian Penal Code. Subsequently, the sessions court disposed of the contempt plea after the ACB’s investigation officer confirmed compliance with the court’s April 19 order to register the complaint.
The genesis of this controversy traces back to proceedings before the United States Securities and Exchange Commission against Cognizant Technology Solutions Corporation in New Jersey, USA, pertaining to alleged violations of the Foreign Corrupt Practices Act.
