( 1 ) THIS order will dispose of three Criminal Revision Petitions being Criminal Revision No. 283/97, Criminal Revision No. 385/97 and Criminal Revision No. 341/97 Criminal Revision No. 283/97 has been filed by Shri Chandraswami @ Nemi Chand Jain and Shri K. N. Aggarwal @ Mama Ji and is directed against the order dated June 4, 1997 passed by the learned Special Judge, C. B. I. , Delhi, whereby he has come to the conclusion that a prima facie cases justifying framing of charges under Section 120-B read with Sections 195, 469 and 471 of the Indian Penal Code is disclosed against both the petitioners and has consequently framed charges against them. Criminal Revision No. 385/97 has been filed by the Central Bureau of Investigation and is directed against that part of the above said order of the learned Special Judge whereby he has discharged respondents Shri K. K. Tewari and Shri P. V. Narsimha Rao on the ground that no case for framing of charge against them has been made out as the evidence collected by the investigating agency is insufficient. Criminal Revision No. 341/97 has also been filed by the People s Union for Civil Liberties (Delhi) (for short PUCL) against the discharge of Shri K. K. Tewari and Shri P. V. Narsimha Rao by the Special Judge, C. B. I.

( 2 ) THE prosecution case is that during the period 1988 to October 1989 S/shri Chandraswami @ Nemi Chand Jain, Kailash Nath Aggarwal @ Mamaji, P. V. Narsimha Rao, K. K. Tewari, A. P. Nanday and George D. Mclean and other public servants/private persons entered into a criminal conspiracy for committing illegal acts of forgery and creating false evidence of the opening of an account by Shri Ajeya Singh with the First Trust Corporation Limited (FTCL) at St. Kitts, Carabian Island, showing Shrivishwanath Pratap Singh as a beneficiary thereof, with a view of harming the reputation of and causing injury to Shri Vishwanath Pratap Singh and his son Shri Ajeya Singh and exposing them to hazard of criminal prosecution. As per the allegation of the investigating agency, the following steps seems to have been taken by the conspirators in a systematic manner.

( 3 ) FIRST Step Procuring old passport papers of Shri Ajeya Singh and Shri Abhay. Singh for copying their signatures for the purpose of forging documents :

( 4 ) TOWARDS the end of November or beginning of December 1998, Shri K. K. Tewari, who was at that time Minister of State for External Affairs, asked Shri Shashank, Joint Secretary, Consular, Passports and Visas (for short cpv) Ministry of External Affairs, Government of India, to collect passport particulars of son or sons of Shri Vishwanath Pratap Singh (leader of the opposition at that time), who had remained as the Finance Minister, Government of India, from December 31, 1984 to January 24, 1987 and the Defence Minister from January 25, 1987 to April 12, 1987 in the Ministry headed by Shri Rajiv Gandhi. Shri Tewari instructed the Joint Secretary CPV to issue instructions over telephone to the concerned for securing the passport particulars of the aforesaid persons. He also indicated to the Joint Secretary CPV that the requisite information should be available from New Delhi, U. S. A. and U. K. He desired the Joint Secretary CPV to do this work personally without putting anything in writing with regard thereto. On receiving the instructions from Shri K. K. Tewari, the Joint Secretary CPV telephoned Shri B. K. Gupta, Regional Passport Office, Delhi, Shri. K. Ramaswamy, Passport Officer, Lucknow, Shri R. P. Joshi, Minister Coordination, High Commission of India at London, and Shri S. L. Mishra, Minister (Consular Affairs), Embassy of India, Washington, for securing the passport particulars of the sons of Shri Vishwanath Pratap Singh, namely, Shri Ajeya Singh and Shri Abhay Singh. On December 5, 1988, the Passport Officer, Lucknow, sent file No. F. I 1/7253 relating to the passport of Shri Abhay Singh son of Shri Vishwanath Pratap Singh, to the Joint Sec