Rajat Prasad Vs. C.B.I.

2014 STPL (Web) 314 SC 1
Rajat Prasad Vs. C.B.I.

On 16th of November, 2003 in the Delhi Edition of the Indian Express a news item under the caption “Caught on Tape : Union Minister Taking Cash saying money is no less than God” had appeared showing visuals of one Dalip Singh Ju Dev, (deceased first accused) (A-1), the then Union Minister of State for Environment and Forest, receiving illegal gratification from one Rahul alias Bhupinder Singh Patel (third accused) (A-3) in the presence of the Additional Private Secretary to the Minister one Natwar Rateria (second accused) (A-2). Immediately on publication of the above said news item a preliminary enquiry was registered by the ACU-II of the Central Bureau of Investigation, New Delhi and on conclusion of the said preliminary enquiry FIR dated 19.12.2013 was filed alleging commission of offences under Section 12 of the PC Act, b1988 read with Section 120-B IPC by the present appellants (A-4 and A-6).

The aforesaid FIR was challenged in a proceeding before the Delhi High Court registered and
Numbered. It appears that there was no interim restraint on the investigation pursuant to the FIR filed. While the investigation was in progress the case came to be dismissed by the Delhi High Court by order dated 10.11.2004. As against the said order dated 10.11.2004. As on completion of investigation charge sheet had been filed on 5.12.2005

From the chargesheet dated 05.12.2005 filed by the CBI before the competent court, the gravamen of
the allegations against the accused- appellants appear to be that one Amit Jogi (accused No.5) (A-5) son of Ajit Jogi, who was then the Chief Minister of the State of Chhatisgarh, had hatched a conspiracy along with A-3 to A-6 to execute a sting operation showing receipt of bribe by the Union Minister of State for Environment and Forest (A-1) so as to discredit him on the eve of the elections to the State Assembly of Chhatisgarh and thereby bring political advantage to Shri Ajit Jogi who was a rival of the Union Minister….read more