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Raid on CM's Principal Secy: CBI probe under court's scanner

CBI’s Investigation In An Alleged Corruption Case Involving Chief Minister Arvind Kejriwal’s Principal Secretary Rajendra Kumar Has Come Under The Scanner Of A Special Court Which Said The Agency Has “utterly Failed' To Comply With The Mandatory CrPC Provision In Its Probe.

PTI | Updated on: 29 Jan 2016, 07:29:09 PM

New Delhi:

CBI’s investigation in an alleged corruption case involving Chief Minister Arvind Kejriwal’s principal secretary Rajendra Kumar has come under the scanner of a special court which said the agency has “utterly failed” to comply with the mandatory CrPC provision in its probe.

The court also said that it was not informed by the agency about the freezing of bank accounts of a company and CBI had admitted it after one month in its reply filed on a plea by the firm, M/s Laxmi Enterprises, seeking de-freezing of three bank accounts.

Proprietor of M/s Laxmi Enterprises, Dinesh Kumar Gupta, is also the Director of M/s Endeavour System Pvt Ltd (ESPL), a firm which is under probe by CBI in the graft case allegedly involving Kumar.

Special CBI Judge Ajay Kumar Jain also observed that till date, the agency is unable to show even prima facie that the frozen bank accounts of the firm have any direct links with the commission of alleged crime.

“Furthermore, there appears to be no compliance of section 102(3) CrPC by CBI in present case. As per the mandate of this section, every police officer acting under sub section (3) shall forthwith report the seizure or attachment of accounts to the magistrate having jurisdiction,” the judge noted.

“From the record, it is clear that after freezing the account on December 18, 2015, CBI has not informed this court ... CBI first time admitted freezing of the bank account of the applicant firm in its reply dated January 18, 2016 to this application,” the court said in its order.

“It is surprising that with this application also the CBI has not annexed the letter which it had written to the bank for freezing of account of the applicant firm. CBI does not find it at all necessary to inform the court about the freezing of the present accounts,” it said, adding, “The CBI, in present case, utterly failed to comply the requirements of sub section (3) of 102 CrPC.”

Section 102 of CrPC pertains to power of police officer to seize certain property during the probe.

It directed the bank, where these accounts are maintained by the company, to de-freeze these three accounts subject to furnishing of a bond of Rs one crore along with the requisite security documents to the satisfaction of the court.

It also asked the proprietor of firm to join the probe as and when required by the CBI.

Earlier on January 20, the CBI was directed by the court to return the documents sought by the Delhi government seized during the December 15 last year raids.

“At present, 20 per cent profit is being given over and above the MSP of wheat and paddy. But it (50 per cent) cannot be implemented in one go. The Centre has also pointed out one problem in this regard. It fears that it could lead to monocropping, which means production of few crops will go up.  Until we start purchasing all crops, we cannot get out of monocropping. It can be implemented step by step,” he said.

Regarding the issue of promoting horticulture, he said the state government will open centres of excellence in each district to promote horticulture and floriculture.

“We are in talks with Vietnam and Israel for the centres of excellence. We also want to promote ornamental fishing,” he said.

Dhankar, who also holds the portfolios of irrigation, animal husbandry and fisheries, said that Haryana was supplying water to Delhi as per its requirement.

“But our issue with Delhi is that the water which we get from Delhi is untreated and we have taken up the matter with Kejriwal government and Union Minister Uma Bharti.  Untreated water was being supplied to Mewat, Palwal and Faridabad,” he said.

On the issue of compensation to cotton growers, he said once the election code of conduct is withdrawn, the state will start distributing compensation to growers who faced crop loss due to whitefly attack last year. 

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First Published : 29 Jan 2016, 07:27:00 PM