Seven months on, CBI says no nod to prosecute CM Kejriwal’s former secretary Rajendra Kumar

Kumar was charged by the CBI with criminal conspiracy, cheating and forgery under the Indian Penal Code, besides provisions of Prevention of Corruption Act, along with eight others and Endeavour Systems Private Limited (ESPL).

Written by Rahul Tripathi | New Delhi | Updated: June 22, 2017 8:24 am
Rajendra kumar, arvind kejriwal, aap corruption, cbi, aap verus cbi, Rajendra Kumar is accused of corruption. (File)

More than five months after the Ministry of Home Affairs said it had cleared a proposal granting prosecution sanction against Chief Minister Arvind Kejriwal’s former principal secretary Rajendra Kumar in a corruption case, the CBI said they have not received any order from the MHA. The delay could result in a major setback to the prosecution case against Kumar and others before the trial court.

Officials said the CBI had approached the home ministry on December 2, 2016, seeking sanction to prosecute Kumar, a 1989-batch UT cadre IAS officer.

A week later, the agency filed a chargesheet against Kumar and others before a Delhi court. In February this year, the ministry, in a statement, claimed the sanction had been approved.

Under the Delhi Special Police Establishment (DSPE) act, a sanction from the government is mandatory for the agency to prosecute any public servant facing corruption charges. “The framing of charges against the suspect may suffer in absence of a sanction and it may lead to delays,” said a CBI official.

To fasten the trial in corruption cases against public servants, the Supreme Court, in 1997, introduced guidelines fixing the “time limit of three months for grant of sanction for prosecution…”

The case against Kumar and others was registered in December, 2015, following which he was arrested by the CBI in July last year and later granted bail. Kumar later applied for voluntary retirement that was reportedly turned down by the MHA.

Officials of the Central Vigilance Commission, which advises the government on corruption cases against public servants, also confirmed that a “sanction against Kumar is pending with the home ministry”.

A home ministry spokesperson, however, maintained that the decision on granting sanction against Kumar has already been taken and processed, but they are inquiring into the delay, if any.

In its chargesheet, the CBI had alleged that the accused persons had entered into a criminal conspiracy to cause a loss of Rs 12 crore to the Delhi government in award of contracts between 2007 and 2015.

Kumar was charged by the CBI with criminal conspiracy, cheating and forgery under the Indian Penal Code, besides provisions of Prevention of Corruption Act, along with eight others and Endeavour Systems Private Limited (ESPL). The agency also cited a purported audio recordings that they claimed was seized from Kumar’s computer during the raids in 2015.

The corruption case and CBI’s raid against Kumar in 2015 snowballed into major controversy, with the Aam Aadmi Party claiming Kumar was being used as an “excuse” by the Centre to target Kejriwal. Later, Kumar wrote in a blog post: “It is clear that they understand that the chargesheet filed is going to fail and therefore the only way to continue to threaten the people is to misuse the provisions of Criminal Procedure Code.”

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  1. Ashish Moulik
    Jun 23, 2017 at 12:20 pm
    Is cbi is a unit of good soul human being,than why are wisdom to kill the human of good soul only. Why they are so selective.
    1. P
      Jun 23, 2017 at 8:23 am
      We need Great Intellectual like Rajendra Kumar for the post of PM instead of Communals dividing people and country. Fake degree holders should not hold highest position. In western countries very highly educated and intelligent people are head of state that's the reason they progress so much but in India the most corrupt and hypocrite sits on top most position. It should be declared a crime to use CBI and Government agencies to promote a political party in power. CBI, IT, and other agencies belong to people of the country not the politicians in power so it is biggest Corruption to misuse them against opposition or against those opposed to the misuse of power and dictatorship style rule and hegemony and silencing free press.
      1. Dr Bhardwaj
        Jun 22, 2017 at 1:57 pm
        Witch hunting goes on...........
        1. Harendra Pal Singh
          Jun 22, 2017 at 12:30 pm
          Sab milay huye hai
          1. S
            Jun 22, 2017 at 11:26 am
            God Bless Rajendra Kumar, the true son of India who stood for honestly and great work but those who acts like Dictators cannot tolerate such True patriots of Nation. Rajendra Kumar will prevail and his enemies will end up in prison after their defeat in elections. Rajendra Kumar deserve to be PM of the country not those who are not so qualified like him but are in power by fooling the whole country.
            1. Pradeep Kumar
              Jun 22, 2017 at 3:33 pm
              Well written
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