Judge slams CBI, throws out Flex bribery case

A special court on Wednesday discharged Chief Commissioner of Central Excise (Delhi) Someshwar Mishra and Flex Industries chairman Ashok Chaturvedi in a case of alleged payment of bribe for official favours. The court pulled up the CBI for basing its case on two cassettes recorded by ‘‘illegally’’ tapping phone lines.

The court said it ‘‘found no evidence’’ to substantiate charges under the Prevention of Corruption Act. It slammed the CBI for basing its whole case on ‘‘two cassettes’’ which were ‘‘prepared after illegal tapping of the phone’’ by some ‘‘unauthorised person,’’ termed as ‘‘source by the CBI’’. Special Judge Pratibha Rani, referring to the CBI’s videograph of the recovery of cash, said: ‘‘The state of mind of a high-ranking civil servant can be well imagined in the circumstances when CBI raided his room…’’ The CBI said Mishra was nabbed in his office on November 7, 2001, with Rs 5-lakh bribe allegedly handed over to him by Chaturvedi’s agent, Naveen John. Another Rs 5 lakh was found in the car, allegedly to be delivered to Mishra’s residence. While the initial plea was that the money was for his friend Sanjeev Asopa, Chaturvedi later allegedly disclosed that it was for Mishra’s son. The judge said even if the money was meant for Mishra’s son, it was not an offence under PCA. The court has ‘‘discharged’’ both Mishra and Chaturvedi in the case; both were in custody for 60 days and were released on bail after the CBI failed to file the chargesheet within the stipulated period. The judge said the case was a ‘‘conspiracy’’ against Someshwar Mishra to ‘‘obstruct his future prospect and it was to such an extent that not only he was arrested, even his close friend circle was not spared…’’ That Mishra was not considered for promotion as member, Central Board of Excise and Customs just because of this case shows ‘‘that some vested interests entered into a conspiracy and illegally intercepted the telephones,’’ he said.

In Mishra’s 34 years of service, the court said, the prosecution could not find a single instance that ‘‘Mishra had shown some official favour to Chaturvedi or that the amount was a reward for the same.’’ On a possible appeal against the judgment, CBI spokesperson G. Mohanty said: ‘‘The judgment has to be studied and legally examined to decide on the future course of action.’’ The sensational bribery case had caused an uproar and the ripples had reached Raj Bhavan in Ranchi. The Indian Express had reported that Chaturvedi had sponosored parties thrown by former Cabinet Secretary Prabhat Kumar. The scandal led to Kumar’s resignation from the post of Jharkhand governor. Chaturvedi had told the CBI during interrogation of the bribery case that he paid for three parties held at Kumar’s official residence when he was the Union Cabinet Secretary. The first cheque of Rs 44,405, for a March 1999 party, was paid for by Flex. The second party, on February 27, 2000, cost Rs 79,218 and the third, a high tea, was held on July 10, 2000 and cost Rs 10,368.

Also, Chaturvedi later threw a party in honour of Kumar at New Delhi’s Taj hotel after he became the governor.