The Supreme Court has issued notice to the CBI on a plea by then senior superintendent of central prison, Bengaluru and his assistant, challenging their conviction and five-year jail term for receiving illegal gratification such as refrigerator, uniforms and shoes during incarceration of the fake stamp paper scam kingpin Abdul Karim Telgi.
A bench of Justices N V Ramana and S Abdul Nazeer also sought response from the state government through the CBI within four weeks on an application filed by P N Jayasimha and his junior Nanjappa for granting them bail in the case registered in 2000. Both, the then jail officers were represented by senior advocate Amrendra Sharan.
The petitioners questioned the Karnataka High Court's judgement of August 3, 2017 holding them guilty of criminal misconduct under Section 13 (1)(d) of the Prevention of Corruption Act.
The high court said Jayasimha and Nanjappa showed undue favours to Telgi and committed nothing but fruad within the four corners of the prison walls.
"The mischief by the accused is unpardonable. It is the misconduct of the worst type. It is a case of fence eating the crop," the high court had said.
The trial court had on September 14, 2010 acquitted them of the offences under the IPC, Karnataka Control of Organised Crimes Act as well as charges pertaining to abuse of their position as public servants under the Prevention of Corruption Act.
The trial court found that they were not part of the main conspiracy relating to sale and possession of counterfeit stamps and stamp papers.
On an appeal, the high court reversed the trial court's judgement.
The CBI contended that Jayasimha and the other officer provided Telgi a separate room in the Parapanna Agrahara prison and faciliated him to continue his illegal activities by helping him meet his associates and using mobile phones in violation of the Karnataka Prison Rules.
It contended the accused helped Telgi to derive pecuniary advantage of more than Rs 165 crores by allowing him run his racket of sale and circulation of fake stamp papers in Delhi, Chennai, Chandigarh, Hyderabad, and Trichy. Telgi died on October 23, 2017.