Vijay Singla,nephew of former Railway minister Pawal Kumar Bansal,and suspended Railway Board member Mahesh Kumar may get some reprieve as the CBI is still waiting for a nod from the Railways Ministry to prosecute Kumar. Without the nod,the CBI wont be able to file chargesheets against Kumar,Singla and eight others,paving the way for their bail.
The Prevention of Corruption Act states that the CBI should file chargesheet in 60 days failing which the accused are eligible for bail. SP report listing evidence against Kumar and his role in the bribery case was sent to Railways on June 20 but we have not received the sanction yet, said a CBI official. Railway sources said the sanction is likely to reach the CBI by Tuesday.
As per a Supreme Court directive,a ministry can issue the sanction for prosecution in three months after it is sought.
The matter goes to the Central Vigilance Commission after which the Chairman,Railway Board puts it up for the minister to sign,after which the sanction is given. This being a high-profile case,there is not likely to be any reason for not giving the sanction, said a senior railway official.
On Monday,the Railway Board was not available to clarify its position.
Officials said bail to the accused may weaken the prosecutions case.
The CBI said said it has already finalised its chargesheet. Singla,Kumar and others were caught by the CBI on May 2 while accepting a bribe of Rs 90 lakh for the post of Member Railway (electrical).
The CBI may also seek a few more days from the court to file a chargesheet if the prosecution request is in the final stage. The CBI said it will not name Bansal in the chargesheet and had recorded his statement only as a witness.