Delhi court orders framing charges against two CBI officials in corruption case

New Delhi: A Delhi court has directed framing of corruption and conspiracy charges against two CBI officials, including a deputy superintendent of police (DSP), for allegedly compromising the integrity of investigation in certain cases on "extraneous pecuniary consideration".

Special Judge Atul Krishna Agrawal on Saturday also discharged a Central Bureau of Investigation (CBI) inspector and a private company, saying there was insufficient evidence against them and particularly allegations against the inspector bordered on suspicion but not grave suspicion.

According to the CBI, DSP R K Rishi, Inspector Kapil Dhanked, and Selection Grade-II (SG II) official Samir Kumar Singh, in conspiracy with two private persons and certain others, had been "compromising the integrity of investigation of certain cases on extraneous pecuniary consideration".

The agency had filed a chargesheet against Rishi, Dhanked, Singh and M/s Frost International Ltd under relevant provisions of the Indian Penal Code and the Prevention of Corruption (PC) Act.

The court said, "At the outset, it is pertinent to mention that though one of the prime allegations of the CBI in the present case is that of acceptance of bribe amount by accused 1 (Rishi) from different persons and distributing it among accused 2 (Dhanked) and accused 3 (Singh) for getting unlawful favours from those persons, there is no witness to that effect." No recovery of any such money has been made from any of the accused persons, and so, the prosecution case, to that extent, is quite weak, it said.

The court also discarded the confessional statements of Dhanked and Singh, saying they had no evidentiary value.

On the allegations against Singh, the court said that he assisted the DSP in his illegal acts by providing him vital and confidential information about matters pending for investigation with the CBI and in turn, the official used to receive money or illegal gratification for the same. Some of the companies whose information was provided by Singh to Rishi included Frost International Ltd.

The court noted that Singh's bank account showed cash deposits of over Rs 4 lakh within a short span in April 2019 and further deposits of around Rs 1.5 lakh in November 2019.

"Hence, it is for accused three to explain the source of the cash received and deposited by him since public servants are invariably not permitted to deal in cash transactions in excess of Rs 20,000 or make cash deposits and the said practice is discouraged.

"These are serious allegations and cannot be discarded at the stage of charge. Hence, in my considered opinion, there is sufficient material on record to frame charges against accused 3 for the offences punishable under IPC sections 120 B (criminal conspiracy) read with section 381 (theft by clerk or servant of property in possession of master)...," the judge said.

The court also ordered framing of charges against Singh under the PC Act. It underlined that Singh, a public servant, illegally accessed some documents without the information or knowledge of the head of the department concerned and this amounted to "theft of information".

It also ordered framing of similar charges against Rishi.

The court discharged Dhanked, saying there was no money trail and that the case against him "realms on the border of suspicion but not grave suspicion, so as to frame charges".

It also discharged Frost International Ltd, saying the allegations against it are merely on the basis of some assumptions and presumptions, as well as the alleged confessional statement of Dhanked, which is not admissible in law.