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The Delhi High Court on Friday issued notice to Former High Court Judge IM Quddusi in an appeal filed by the Central Bureau of Investigation against the Trial Court order which had set aside the probe in the 2019 Corruption case involving Quddusi.

The notice was issued by the Single Judge bench of Justice Mukta Gupta who has listed the matter for next hearing on September 29.

The Special Court on April 1 st April, 2021 had directed the Investigating Officer to withdraw the notice under Section 91 Cr.P.C. dated 11 th February, 2020 whereby details were  sought by the Investigating Officer. The Court had said that such a notice  would amount to self incrimination and thus violative of the fundamental right of the ex Judge guaranteed under Article 20(3) of the Constitution of India

The investigation Officer had sought details of the mobile numbers used by Quddusi in the year 2017; details of all bank accounts from the period May, 2017 to October, 2017 and the details of drivers/servants employed during May, 2017 to October, 2017.

Quddusi along with five others are accused Criminal Conspiracy by trying to influence court proceedings in a case filed before Allahabad High Court for grant of admission rights to Prasad Institute of Medical Sciences barred by the Medical Council of India due to sub-standard facilities and non-fulfillment of required criteria in May 2017 along with 46 other medical colleges which were debarred on same grounds.

The CBI in its appeal before the High Court has argued that the lower court has not correctly appreciated the position of law with regard to Section 91 CrPC and Article 20(3) of the Constitution, which states that “no person accused of an offence shall be compelled to be a witness against himself”.

Case Title: CBI vs IM Quddusi