A Special Court at Rouse Avenue, New Delhi, presided over by Special Judge Arun Sukhija, has discharged a private individual in a corruption case investigated by the Central Bureau of Investigation, while framing charges against a public servant under the Prevention of Corruption Act.

The case, registered in 2014, related to allegations of payment of bribes for facilitating early clearance of bills raised by a private firm supplying goods to the Indian Railways. The prosecution had alleged that the private individual played a role in routing the alleged bribe amounts through bank deposits.

However, the Court found the material insufficient to proceed against the individual. It noted that there was no evidence to establish knowledge or involvement in the alleged bribery, and raised concerns over the admissibility of key prosecution material.

The defence had argued that call interceptions relied upon by the prosecution were illegal due to non-compliance with safeguards under the Indian Telegraph Act. It was further contended that specimen handwriting and signatures were obtained without prior permission of a Magistrate, rendering the forensic report inadmissible. Additionally, the statement recorded when the individual was examined as a witness was held to be of no evidentiary value as it did not lead to any recovery or discovery.

Accepting these submissions, the Court discharged the individual, holding that the evidence on record did not justify proceeding against him.

At the same time, the Court found sufficient material to frame charges against the public servant, and directed that trial proceed under the Prevention of Corruption Act.

Appearances:

Senior Public Prosecutor Anurag Modi appeared for the CBI.

Advocate Arshdeep Singh Khurana, along with Advocates Sulakshan V.S., Annada Dubey and Shivani Sharma, appeared for accused Joginder Pal Kohli.

Advocate Nishaank Mattoo, along with Advocates Charu Kumar, Naman Thakur and Utkarsh Aditya, appeared for accused Shyam Sundar Basak.