A Delhi court has chided the CBI for "negligence" in delaying submission of two CDs containing purported telephonic conversations intercepted during its probe in a cash-for-post railway bribery case, allegedly involving former Railway Minister Pawan Kumar Bansal's nephew Vijay Singla and others.
However, Special Judge Gurdeep Singh allowed the CBI's plea to place on record the CDs but noted that it was "negligence" on its part not to place them before the court earlier while filing the forensic report regarding the CDs.
"CBI despite filing the CFSL result in respect of CDs has chosen not to file the CDs along with the supplementary charge sheet and waited till the evidence of the witness commenced. Whether by withholding these CDs, the CBI in any manner was benefited. The answer would be 'no'," the judge said, adding, "I would not term it as inadvertence, but negligence on the part of CBI."
CBI had moved the application to place on record the two CDs containing the purported telephonic conversation in pursuance to a May last year's order by the Delhi high court.
The high court had directed the trial court to permit CBI to file appropriate application to bring on record the sealed CDs and decide the issue as to whether these can be brought on record during recording of evidence and under which provision of law.
During the arguments on CBI's plea, the 10 accused facing trial in the case opposed it, contending that there was no provision in the CrPC permitting the agency to bring on record the CDs which it did not deposit while filing charge sheets.
They alleged that CBI had deliberately withheld crucial documents from the court and there was an attempt to bring on record these CDs "clandestinely" alleging that the CDs were tampered with to suit the version of agency.
CBI, however, had contended that they had no intention to conceal the CDs and it was an inadvertent mistake that these were not placed in the court earlier.
While allowing CBI's plea, the court said, "Section 65-B
of Indian Evidence Act provides regarding admissibility of electronic record. Indisputably, CDs are electronic record as they are the copy of the recorded conversation."
The court had earlier framed charges against the accused for alleged offences of criminal conspiracy under the IPC and under the provisions of the Prevention of Corruption Act.
Besides Singla, the other accused facing trial in the Rs 10 crore cash-for-post railway bribery case are -- Mahesh Kumar, then Member(Staff) of Railway Board, Managing Director of Bangalore-based G G Tronics India Pvt Limited N R Manjunath, alleged middlemen Ajay Garg and Sandeep Goyal and co-accused Rahul Yadav, Sameer Sandhir, Sushil Daga, C V Venugopal and M V Murali Krishan.
According to 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.
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.
