Sinha throws out CBI case against Mahanta

In his release, Sinha also mentions that former Chief Justice J S Verma and former Supreme Court judge H R Khanna “concurred with my analysis.”

The Governor’s unprecedented action brought cheer to Mahanta at a time when the BJP and the Congress in the state have made the LoC scam, and his alleged involvement, a major election issue.

It was a visibly relieved Mahanta who boarded a Delhi flight this morning after he made a few calls to his close friends telling them the “good news.”

Sinha’s rejection comes just a month-and-a-half after the CBI’s request. It was earlylast month that the Governor had asked the CBI for 13 documents and 24 clarifications.

Two weeks later, Raj Bhavan received a packet from the CBI. Three documents had been withheld. Today, the Governor announced that he would not sign on the dotted line.

“In all humility, I submit that never before has any governor taken a decision on a case against a chief minister in such a short time frame,” he said, dismissing allegations that he had leaked the report to Mahanta.

“As chief minister and also finance minister of the state P K Mahanta may be held to bear political and moral responsibility for this scam but there is no prima facie evidence of his legal or criminal responsibility for this grave crime,” Sinha has said in a six-page long press release issued from the Raj Bhavan today.

The governor has also dismissed the CBI’s charge that Mahanta entered into criminal conspiracy with prime accused Rajen Borah to defraud the state of Rs 48.1 crore.

“No evidence of such conspiracy has beenprovided,” he said. However, in the case of Nakul Das, former minister, animal husbandry and veterinary, Sinha has granted sanction for prosecution.

As for charges against Mahanta, the Governor’s explanations were:

Governor’s response: The charge is based on “mere hearsay.” The CBI had been asked to show whether Prafulla Kumar Mahanta had assets disproportionate to his income.

“In its reply, the CBI said the subject was not part of the investigation. This logic is untenable as the investigation into disproportionate assets has been made in case of other accused.”

Governor: Though there’s documentary evidence to show that a ticket for Rs 4,350 was bought by Borah for Mahanta, there’s no evidence to support the fact that the ticket was handed by Borah to Mahanta or that PrafullaKumar Mahanta was aware that the ticket was bought from the scam money.

“It is common knowledge that travel expenses of party leaders to attend meetings are met now party funds of money provided by a financier of the party. In this case prima facie evidence is lacking to warrant prosecution of Mahanta on a corruption charge for the paltry sum of Rs 4,350.”

Governor: There is no evidence of CI sheets being distributed in Mahanta’s constituency.

These were received in Nagaon by one Dr Barkatoki, the treasurer of the AGP party. He has said that when he asked Mahanta about the disposal of these CI sheets and the latter expressed surprise and asked that the sheets be returned to Borah.

Horo Nego is reported to have received these sheets back on behalf of Borah. Nego’s statement corroborating the CBI’s charge has been dismissed since “he has been altering his statement.”

Governor: Different figures have been mentioned in regard to the amount distributed in Mahanta’s constituency.

The governor has said that through some bank drafts were distributed at public functions by the district collector of Nagaon, there is no evidence to establish that Mahanta was aware that these drafts were from the money fraudulently acquired by Borah.

“All drafts were distributed openly to institutions and not individuals. There is no evidence of Mahanta misappropriating any of these drafts for himself… Mens rea, an essential concomitant of crime, has not been established.”

On the CBI’s charge that Mahanta had entered into criminal conspiracy with Borah to defraud the state of Rs 48.1 crore, Governor Sinha says, “No evidence of such conspiracy has been provided.”

“The facts that Mahanta approved the appointment of Borah as chairman of Live Stock Corporation or gave him a party ticket tocontest Assembly elections, have been quoted by the CBI to support the charge of conspiracy. These facts may be part of the routine duties of a chief minister or a party leader, he has said.”

Cong egging CBI on: CM ; Sinha biased: Oppn