Delhi court accepts CBI’s closure report, closes corruption case against AAP leader Satyendar Jain
The complainant alleged irregular engagement of professionals in the PWD, violation of rules, and payments made from unrelated project funds. It was also alleged that Jain and PWD officials irregularly hired a "creative team" of consultants, breaching recruitment and financial regulations.
New Delhi: A special court has accepted a closure report filed by Central Bureau of Investigation (CBI) in a 2018 case against Aam Aadmi Party (AAP) leader and former Delhi minister Satyendar Jain and others registered on a complaint alleging irregular engagement of professionals in the Public Works Department (PWD), violation of rules, and payments made from unrelated project funds.
Special Judge Dig Vinay Singh accepted the CBI’s closure report, saying when the investigating agency has not found any incriminating evidence over such a long period to prove the commission of any offence, further proceedings would serve no useful purpose.
"When CBI could not find any evidence of criminal conspiracy, abuse of power, pecuniary gain, or wrongful loss to the Government Exchequer, and the alleged acts are at most administrative irregularities, no offence under section 13(1)(d) of the PC (Prevention of Corruption) Act or criminal conspiracy is established,” the court said.
"Despite several years of investigation, no incriminating evidence has been found against anyone to support charges under the POC Act, 1988, or any other offence. When the investigating agency has not found any incriminating evidence over such a long period to prove the commission of any offence, particularly under the POC Act, 1988, further proceedings would serve no useful purpose,” the court added.
The First Information Report (FIR) was registered on May 29, 2019 Jain (the then PWD Minister, Government of National Capital Territory of Delhi (GNCTD) and other PWD officials based on a complaint from the Directorate of Vigilance, GNCTD. The complainant alleged irregular engagement of professionals in the PWD, violation of rules, and payments made from unrelated project funds. It was also alleged that Jain and PWD officials irregularly hired a "creative team” of consultants, breaching recruitment and financial regulations.
CBI, after investigation, concluded that the need to hire professionals was justified, were hired transparently through an open advertisement and interview process by a broad-based committee and that there were no irregularities in the selection process and it was based on merit and qualification. The agency further said that the remuneration and qualifications of the professionals hired were justified and many of the professionals were from reputable institutions, with degrees from top institutes, and there was no evidence of undue benefits from their engagement. It further found that the change in funding source was justified as payments shifted from the "Barapulla elevated corridor” project to "Mohalla Clinics,” as the same creative team served both, with the latter being a priority project fully funded by GNCTD.
The CBI, while recommending the rejection of a protest petition against its report, told the court that the protest petition does not provide any sufficient prima facie evidence from investigations or otherwise, warranting further inquiry.