CBI didn’t comply with provisions in case against Kejriwal aide: Court
New Delhi, Jan 29 (IANS) A court here has again pulled up the CBI in a corruption case against Rajendra Kumar, principal secretary of Delhi Chief Minister Arvind Kejriwal, saying that the agency has failed to comply with the mandatory provision of law in its probe.
Special Judge Ajay Kumar Jain’s observation came while allowing the plea of Laxmi Enterprises, seeking de-freezing of three bank accounts, on Thursday.
In its order released on Friday, the court said: “On overall consideration of facts and circumstances till date, the CBI has not able to show even prima facie that the bank accounts as frozen of the applicant firm (Laxmi Enterprise) have any direct links with the commission of crime.”
It said that the Central Bureau of Investigation (CBI), in present case, failed to comply the requirements of sub section (3) of the Code of Criminal Procedure’s section 102, pertaining to power of police officer to seize certain property during the probe. Under sub section (3), the police officer must report seizure to the court.
The court observed that CBI has not informed it earlier about the freezing of bank account of company on December 18, 2015 but apprised about it only on January 18 while hearing the firm’s plea seeking defreezing of its account.
It noted that Laxmi Enterprise has no common business with the accused of the case except that fact that one of the suspects D. K. Gupta, who is proprietor of Laxmi Enterprises, is also director of Endeavour System Pvt Ltd (ESPL).
The court directed the bank, where these accounts are maintained by the company Laxmi Enterprise, to de-freeze these three accounts subject to furnishing of a bond of Rs.1 crore along with the requisite security documents to the satisfaction of the court.
It also asked the proprietor of firm to join the probe as and when required by the CBI.
According to the first information report, Rajendra Kumar promoted a company, Endeavour System Pvt Ltd from 2007, by allegedly misusing his official positions and facilitated tenders worth Rs.9.5 crores to the said company.
CBI officials raided the Delhi Secretariat on December 16, alleging they were investigating corruption charges against Rajendra Kumar.
Kejriwal claimed his office was too raided, and linked it to a probe he had ordered against Finance Minister Arun Jaitley on issues related to alleged corruption in Delhi’s cricket body. The CBI denied searching Kejriwal’s office.