CD case: Delhi police pulled up for not recording Mulayam, Amar statements

"You (police) interrogate him (Amar Singh) for the 2008 cash-for-vote case. And during that you ask him informally if he had spoken to Shanti Bhushan, to which he tells you that Shanti Bhushan had come to his place and had spoken to Mulayam Singh on phone from there. And you are satisfied with this," Chief Metropolitan Magistrate Vinod Yadav remarked to the counsel for police.

"You feel no need whatsoever of recording his statement formally. How will you prove all this unless you record his statement? The investigation is neither here nor there. You can claim anything but how will prove it?," asked Yadav.

The court made the remark as counsel for Shanti Bhushan, Ajit Singh contended that police should record the statements of Amar Singh and Mulayam Singh Yadav to prove its claim that Amar Singh had confirmed the part of conversation between him (Bhushan) and Yadav.

The Special Cell of Delhi Police had in August this year sought the court's permission to close the case, registered on Bhushan's complaint alleging that the CD was doctored and seeking a probe into its authenticity.

The police sought the closure of the case saying there was no substantive evidence to prove the offence of forgery (doctoring of the controversial CD), as alleged.

Bhushan's counsel also submitted to the court reports from two forensic laboratories, one from Hyderabad's Truth Lab and the other from an US lab, opining that the CD was doctored and sought further investigation.

The counsel also submitted to the court Bhushan's letters to the Prime Minister, the Home Minister and the Commissioner of Delhi Police, stressing upon the need for further probe into the CD issue.

The court has asked the police to look into the report submitted by Bhushan and file its reply on or before January 6, the next date of hearing.

Bhushan had filed his complaint at the I P Estate police station here on April 14, 2011 alleging that the CD, containing his purported conversations with Mulayam Singh Yadav and Amar Singh, was fabricated and had denied having any conversation with them.

He had alleged that the CD was a "cut and paste job" to discredit the campaign for a strong anti-graft Lokpal Bill.

In the CD, Bhushan is purportedly heard telling Mulayam Singh and Amar Singh that his son Prashant can "manage a judge".

The police in its closure report had told the court that the CD was "not doctored or tampered with".

The police had said that according to opinions, received from Central Forensic Science Laboratory (CFSL), New Delhi and the Indian Computer Emergency Response Team (CERT-In) here, there was no editing and tampering with the CD.

"Amar Singh, MP Rajya Sabha has also confirmed the part of conversation taken place between him and Mulayam Singh Yadav. Hence, it is established during the investigation carried out so far, that the CD in question is not doctored / tampered with," it had said in the report.

Amar Singh was also interrogated in this regard and he had admitted his conversation with Mulayam Singh Yadav in the beginning and end of the talks available in the CD, it said.