Rajendra Kumar case: Court raps CBI for being 'conspicuously ambiguous' in probe

The CBI has been castigated by a special court for "flouting" procedures with impunity and being "conspicuously ambiguous" in its probe in a graft case against Delhi Chief Minister Arvind Kejriwal's principal secretary Rajendra Kumar and others.

The court also ordered defreezing of two bank accounts of a company, M/s Endeavour Systems Pvt Ltd, which was alleged to have received contracts from Kumar, who had purportedly favoured it by abusing his official position. Special CBI Judge Ajay Kumar Jain noted that the investigating agency was expected to follow the mandate of law. "However, in present case the CBI flouted this requirement with impunity."

"It is not appropriate that the accounts of the company remain freezed till the conclusion of investigation, particularly when more than three months have already elapsed and there is nothing on record by CBI that by what time they will conclude the investigation," the court said, adding that it could hamper the business of the firm with consequent loss to the livelihood of its employees.

The court noted that the CBI, neither in its reply nor during the arguments, could point to any entry in the accounts which suggested that huge bribe amounts were received in it prior to December 18, 2015.
"It appears a bit unusual that bribe amounts coming into applicant accounts, whereas ordinary course of conduct suggest that applicant company who alleged to have secured contracts should have bribed the public servants," it said.

"CBI being premier investigating agency is expected to follow the mandate of law. There is explicit requirement of section 102(3) CrPC that after seizure, CBI has to forthwith report the concerned magistrate regarding the seizure. However in present case CBI flouted this requirement with impunity," the court said. The order was passed on a plea moved by the firm seeking defreezing of its two bank accounts.

The court further said, "CBI is conspicuously ambiguous and also not expanding arguments from where the commissions were received by the applicant company and in what manner the commissions are illegal." 

In its order, the court noted that CBI could not explain what were the illegal commissions obtained in these accounts by the company. "The basis of seizure of the bank account does not appear that the applicant company has either not performed the work or performed sub-standard work," it said.

"It is not the case of CBI till present stage, according to their reply and arguments, that the applicant company has not executed the contracts properly or performed sub-standard work," the court said. On December 15 last year, CBI had raided the office of Rajendra Kumar, close to the Chief Minister's office here, in connection with the case.

According to the CBI, "Rajender Kumar had played an active role in the process of promising and facilitating award of tender to a pre determined party i.e., M/s Endeavour Systems Pvt Ltd due to extraneous considerations and devoid of public interest which shows clear element of abuse of official position and criminal conspiracy among the accused persons including the Directors of the present applicant company." CBI had registered a case against Kumar and others on the allegations against the officer that he had abused his official position by favouring the firm in the last few years in getting tenders from Delhi government departments.

Kumar has been booked under section 120-B of IPC (criminal conspiracy), and under the provisions of the Prevention of Corruption Act for allegedly favouring the company in five contracts worth Rs 9.5 crore during 2007-14.