Delhi HC stays order against Gautam Gambhir in cheating case

| Updated: 18 November, 2024 4:42 pm IST

NEW DELHI: The Delhi High Court has granted relief to Indian cricket team coach Gautam Gambhir by staying a sessions court’s order that had reinstated a cheating case against him. Justice Manoj Kumar Ohri, while hearing Gambhir’s plea challenging the sessions court’s decision, assured that a detailed order would be issued soon.

“In the meantime, the impugned order against the petitioner shall remain stayed. I will pass a detailed order,” the judge remarked during the hearing.

Background of the Case

The case revolves around a 2011 housing project, ‘Serra Bella,’ promoted by three companies: Rudra Buildwell Realty, HR Infracity, and UM Architectures and Contractors. Gambhir, serving as an additional director for Rudra and acting as the project’s brand ambassador, was implicated in a cheating case filed by homebuyers. Allegations surfaced after buyers discovered the project’s land was tied up in litigation and progress had stalled.

In 2020, a trial court discharged Gambhir, citing insufficient evidence to implicate him. The case proceeded only against three individuals and two companies. This decision, however, was challenged by three revision petitions before a sessions court.

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Sessions Court’s Observations

On October 29, the sessions court criticized the trial court’s decision, stating it showed an “inadequate expression of mind.” The sessions court reversed the discharge order, directing the trial court to reassess the charges against Gambhir. Additionally, it recommended an investigation by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA).

Gambhir’s Defense

Challenging the sessions court’s ruling, Gambhir’s legal team, led by Senior Advocate Mukul Rohatgi, argued that Gambhir had no direct dealings as Rudra’s additional director and was being unnecessarily harassed.

“I have an unblemished record. It is normal to be a brand ambassador. The addition of an ED probe is simply harassment,” Rohatgi contended. Senior Advocate Sandeep Sethi also appeared on Gambhir’s behalf.

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With the High Court’s stay on the sessions court order, Gambhir has secured temporary relief as the case progresses.