Minister Bharti defends lawyer Bharti’s sting, blames judiciary

Rejects charge of bid to influence witness, claims court order ‘erroneous’.

New Delhi | Published:January 15, 2014 2:08 am
Law Minister Somnath Bharti at Delhi Secretariat on Tuesday. (Ravi Kanojia) Law Minister Somnath Bharti at Delhi Secretariat on Tuesday. (Ravi Kanojia)

Facing flak for an alleged bid to influence a witness in a corruption case as a lawyer last year, Delhi Law Minister Somnath Bharti on Tuesday rejected the charge, and deflected the blame on the judiciary for passing an “erroneous” verdict. He also dismissed opposition calls for his resignation and said, “Why should I resign? I have done nothing wrong and there is no case against me.”

Last August, the court of special CBI judge Poonam Bhamba, had rejected the bail application of Pawan Kumar, a former employee of the State Bank of Mysore, on allegations of tampering with evidence and attempting to influence a witness. At the time, Bharti was representing Kumar, and was pulled up by the court for speaking to the prosecution witness. The cases are being heard by the CBI court, and the prosecution is in the process of examining witnesses in the trial.

Bharti had submitted an audio CD of a conversation with the witness, claiming that the witness had indicated that his client was a “victim of conspiracy between CBI, the bank and other beneficiaries.”

On Tuesday, when he was asked to explain his actions, Bharti justified the ‘sting operation’ and said, “ I did not tamper with the evidence or influence witnesses. All four accused were employed at the same bank, and the witness had been working with my client who had been wrongly made an accused.”

The CBI had filed three chargesheets, relating to the fraud committed against the State Bank of Mysore, in granting credit to three private firms, which did not have the necessary letters of credit from foreign banks and were unable to make payments. The court had noted in its order that the conduct of the accused as well the the advocate (Bharti) in contacting the witness was “not only highly objectionable, unethical but also amounts to tampering of evidence”.

But on Tuesday, Bharti told reporters that the prosecution witness was a senior official of the bank in which a fraud of Rs 116 crore had occurred, and that the conversation had revealed that the official had been given a clean chit by the CBI due to pressure from “higher-ups”.

“The CBI did not look into the money trail at all and exonerated everyone except a desk officer,” said Bharti, adding that the vigilance office of the bank had indicted several senior officials of the bank, including assistant general managers and chief managers in the case. “CBI only made my client an accused while the senior officers were let off,” he said.

“The CBI court should have taken the evidence we were bringing on record… judiciary has to do everything possible in its domain to bring justice,” Bharti said. Asked whether defence lawyers were allowed to speak to a prosecution witness outside court, he said that the conversation was aimed at “exposing the Rs 116 crore fraud in the case.”

According to Bharti, the Delhi High Court decision to uphold the CBI court order was also “incorrect”, since he had “not attempted to influence the witness but only to speak to him about the case.”

In an order on September 12, Justice Sunita Gupta had dismissed Kumar’s bail application and rejected his plea to set up a special investigation team to look into the fraud allegations. Kumar was later granted bail by the CBI court after the examination of the witness.

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  1. V
    Vinay
    Jan 15, 2014 at 3:18 pm
    King kejariwal has become Dratrastra. While AAP is becoming arrogant, many members are found involved in corrupt practices, he has simply blind folded himself.
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      chinmay
      Jan 16, 2014 at 12:47 am
      Delhi is unlucky to have such a tainted person as law minister. people should know now what the reality is. they have voted congress again from the back door.
      Reply
      1. F
        focus
        Jan 16, 2014 at 2:22 am
        i am sure all dictators honestly believe that they are sincere and helping people
        Reply
        1. N
          Nandish
          Jan 15, 2014 at 10:26 am
          In AAP's court, they are the accused, they are the defendants and they are the judge's and are above the Indian Consution, Indian Judiciary!!!!
          Reply
          1. R
            Rohan
            Jan 15, 2014 at 2:23 am
            This is blatant disrespect to judiciary. How can a person of such integrity allowed in office. This full AAP is a motley crowd of people with divergent interest with common aim to get power. Congress is hand in glow with this as they are allies.
            Reply
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              nilesh
              Jan 16, 2014 at 7:03 am
              the main issue is why has the witness not appeared before the court on 5 hearings, this shows the impotence of the judiciary
              Reply
              1. R
                rocky
                Jan 16, 2014 at 2:01 am
                You are right. I don't understand how a sting can be a tempering of evidence. Similar thing happened with jessica lal murderer. Only after a sting was done on him the case was reopened and he is now behind the bars. Congress and BJP will go all out to create issues just to pull AAP govt down. AAP has been bringing about radical change but that can't happen overnight, they are moving step by step in the positive direction. What other govt's couldn't do in many decades we expect them to deliver all their promises within few weeks, that's extremely unjust.
                Reply
                1. J
                  jeni
                  Jan 15, 2014 at 3:51 pm
                  what dis respect to judiciary; We are daily seeing how judiciary in india is politicized,corrupted. We need a revolution and i beleive kejri is sincere. But attempts are made by CONGEE,BJP to derail him which will not succeed bcos people support AAP
                  Reply
                  1. S
                    Sathish Shimoga Raghu
                    Jan 16, 2014 at 5:23 am
                    Helm of audacity. Till yesterday AAP people were behaving like as though they have come from a different world when compared to other political parties and now their audacity is at such a high level that they are not answerable to judiciary of this country.
                    Reply
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                      Citizen
                      Jan 15, 2014 at 3:50 pm
                      These guys stooped to so low even to blame judiciary at least the other parties keep some what mum on this issue of blaming the most active wing of the democracy in the nation but for it we would have seen worst times in the nation. It is at least working as an emergency relief valve.for the aggrieved common man. Jaihind
                      Reply
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