Railway Bribery Scam: High Court upholds trial court verdict; allows CBI evidence

Source – timesnow.tv

New Delhi: Amid the ongoing railway bribery case involving former railway minister Pawan Kumar Bansal’s nephew, the Delhi High Court upheld the verdict of a trial court allowing the Central Bureau of Investigation (CBI) to place on record two CDs containing supposed telephonic conversations intercepted during its investigation.

Prime accused in the 10 crore cash-for-post railway bribery case is former Railway Minister Pawan Kumar Bansal’s nephew, Vijay Singla.

Others facing trial in the case include Mahesh Kumar, then Member(Staff) of Railway Board; Managing Director of Bangalore-based G G Tronics, N R Manjunath; alleged middlemen Ajay Garg and Sandeep Goyal; besides co-accused RahulYadav, Sameer Sandhir, Sushil Daga , C V Venugopal and M V Murali Krishan.

“Prima facie, there is sufficient material on record to infer that both these CDs are relevant and can be produced as evidence during trial as per law,” said Justice S P Garg while dismissing the petition moved by Sameer Sandhir, who had challenged the trial court’s special judge February 2016 order, by which it had allowed the CBI’s plea to place on record the CDs.

Read: India adopts ‘stratospheric diplomacy’ with SAARC through South Asia Satellite

“I find no illegality or material irregularity in the order (of a trial court). The petition lacks in merits and is dismissed,” the court added.

The court noted in its order that it was not expected on the prosecution’s part to prove their authenticity and genuineness beyond reasonable double at this stage because the CDs were filed at a stage after filing of the charge-sheet and supplementary charge-sheet.

The high court had directed the trial court to permit the CBI to file appropriate application to bring on record the sealed CDs and decide whether these can be brought on record during recording of evidence and under which provision of law.

During the arguments on the CBI’s plea, all the 10 accused opposed it stating that there was no provision in the Criminal Procedure Code allowing the agency to bring on record the CDs which it did not submit while filing charge sheets.

The CBI told the court that it had no intention to hide the CDs, and it was an ‘inadvertent’ mistake that these were not filed earlier.

The trial court had framed charges against the accused for alleged offences of criminal conspiracy under the IPC and under the provisions of the Prevention of Corruption Act.

While ordering framing of charges, the court had observed that the accused had prima facie entered into a conspiracy to get Kumar appointed as Member (Electrical) in Railway Board and Singla was to be paid Rs 10 crore as illegal gratification for it.

According to the CBI, Singla had allegedly demanded Rs 10 crore from Kumar for his appointment to the post of Member (Electrical) and it was decided between the accused that Rs 5 crore will be paid before the appointment and the rest after the job was done.