The duty of the court to ensure a fair trial by allowing the production of relevant evidence for the defense and to discover the truth about the allegations against the accused.

1. In view of the fact that the cross examination of PW-18 in the matter is fixed before the trial court, the matter is being heard at the interim stage itself. The respondent has filed the short written submission.

2. Mr. Suresh Kalmadi, petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure Code, 1973, read with Article 227 of the Constitution of India seeking quashing of order dated 16th May, 2015 passed by the Special Judge (PC ACT) (CBI-01), Patiala House Courts in C.C. No.22 of 2011.

3. The petitioner is facing trial in CC No. 22 of 2011 arising out of FIR RC No. DAI-2010-A-0044 under Sections 120- B read with Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') and under Sections 13(2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988.

4. It is the case of the prosecution that the contract for Timing Scoring and Results systems for the Commonwealth Games 2010 ought not to have been awarded to Swiss Timing/Omega, but to a Spanish company by the name of MSL Software.

5. By the impugned order dated 16th May, 2015 the petitioner's application dated 7th April, 2015 under Section 91 of the Code of Criminal Procedure, 1973 seeking production of Call Detail Records for the phone number “9811806773” of Mr. Jyoti Chhabra being a representative of a company by the name of ATOS Origin, was dismissed.

6. The petitioner had prayed in the application for the production of Call Detail Records for the purpose of cross-examining PW-18 Mr. Sujit Panigrahi. In his testimony before the Trial Court on 7th April, 2015, PW-18 Sujit Panigrahi has identified the phone number “9811806773” as belonging to one Mr. Jyoti Chhabra of “ATOS Origin”, who was also a potential bidder for the proposed TSR RFP. It is the case of the petitioner that he was also in a commercial relationship with Microsistemas Lagasca S. A. de Madrid (hereinafter referred to as “MSL”), which had in fact bid for the TSR RFP.

7. It is also the case of the Petitioner that PW-18 Mr. Sujit Panigrahi was in regular contact with ATOS Origin and MSL through the said Mr. Jyoti Chhabra during the entire process of procurement of the TSR/OVR System. There it is alleged that the Call Detail Records of Mr. Jyoti Chhabra are therefore relevant to establish that constant communication between PW-18 Sujit Panigrahi and him, and the onward communications between Mr. Jyoti Chhabra and representatives of MSL.

8. The Trial Court has dismissed the application dated 7th April, 2015 on the reason that “this submission is hardly of any relevance when the mobile call record of PW-18 Sujit Panigrahi is already on record and from that mobile record, it can be easily made out that how many calls PW-18 Sujit Panigrahi made to Sh. Jyoti Chhabra, vice versa how many times Sh. Jyoti Chhabra called PW-18 Sujit Panigrahi.”

9. It is submitted by the petitioner that communications between PW-18 Sujit Panigrahi, Mr. Jyoti Chhabra and representatives of MSL around crucial events in the procurement process i.e. (a) between January-April 2009 (preparation and evaluation of the Expression of Interest (EOI) for Timing, Scoring and Results (TSR)), (b) May-June 2009 (preparation of Scope of Work for TSR), (c) July-September 2009 (preparation of Request for Proposal (RFP) for TSR and change of eligibility criteria of the TSR RFP at different intervals of time), (d) October 2009 (publication of TSR RFP and modifications/clarifications issued to bidders), November-December 2009 (receipt of bids and evaluation) -reveal the efforts made PW-18 Sujit Panigrahi behind the scenes to ensure award of tender for TSR to MSL in the procurement process.

10. It is also the case of the petitioner that a review of the Call Detail Records of PW-18 Sujit Panigrahi reveal the close nexus of phone calls and SMSs shared between Sujit Panigrahi and Jyoti Chhabra of “ATOS Origin”, a potential bidder to the TSR contract for CWG D2010.

11.