CMM sends ex-Army plea against RAW officials to Dt Judge

A Delhi court has transferred from itself to the court of city's lower judiciary chief a former Army officer's plea for a direction to CBI to lodge a corruption case against some RAW and SPG officials for their alleged dubious roles in buying some communication gadgets.

Chief Metropolitan Magistrate Vinod Yadav gave the order, noting CBI's "inaction" on the complaint by Army's former Maj Gen V K Singh who himself faces prosecution for allegedly divulging some sensitive information about the country external intelligence agency Research and Analysis Wing in a book authored by him.

"Prima facie, there appears to be inaction on behalf of CBI. However, considering the fact that complainant seeks registration of the FIR in the matter in respect of offences under the Prevention of Corruption Act against the public servants, this court cannot take cognisance in this case, as contemplated U/s 190 CrPC," said CMM Yadav while hearing the former Army officer's plea to direct CBI to register a case.

"As per law, the same (the ex-Army officer's plea) is liable to be considered by Special Judge, constituted under Prevention of Corruption Act," he pointed out, adding "let the case file complete in all respects be placed before District and Sessions Judge, Delhi with the request to mark it to the court of competent jurisdiction for passing appropriate orders therein."

In his complaint, sent to the CBI Director in 2008, the former Army officer had alleged corruption in procurement of ultra and very high frequency (UHF/VHF) antennae and other communication for RAW and Special Protection Group, and had sought registration of corruption and criminal cases against various officials of the two security agencies.

As CBI failed to take any action on Singh's compliant, he moved the CMM's court in 2009 seeking its direction to CBI to follow up on his complaint.

A chief signal officer with the Army's Western Command, Singh was posted on deputation as a Joint Secretary (Telecom), with Research & Analysis Wing (RAW) under the Cabinet Secretariat in November 2000. After his retirement from the Army on June 30, 2002, he continued with RAW on re-employment up to June 30, 2004.
After his retirement, he authored a book titled "India's External Intelligence Secrets of the Research & Analysis Wing" in which he highlighted some instances of alleged corruption detected by him during his tenure.

He said that in October 2008 he had sent a detailed complaint in this regard to the then CBI Director seeking registration of case in the matter. Since the complaint evoked no response, he sought a response on its status through a plea under the RTI Act in January, 2009.

He was merely informed that an inquiry was under progress, he said. The court noted that as per the CBI (Crime) Manual, 2005, a secret verification/preliminary enquiry has to be completed within a period of three months from the date of receipt of the complaint.