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HC quashes bribery case against ex-CBI counsel

In a setback to the Central Bureau of Investigation (CBI), the Bombay high court quashed a case against the central agency's counsel, Mandar Goswami, who was earlier handling the Adarsh society scam, observing that there was not an iota of evidence against him.

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In a setback to the Central Bureau of Investigation (CBI), the Bombay high court quashed a case against the central agency's counsel, Mandar Goswami, who was earlier handling the Adarsh society scam, observing that there was not an iota of evidence against him.

Justice ML Tahilyani rapped the CBI when it (CBI) could not show evidence for arresting its own counsel. On March 6, 2012, the anti-corruption bureau of CBI arrested Goswami (who was then a CBI counsel) along with former MLC Kanhaiyalal Gidwani and his son Kailash, and tax consultant JK Jagiasi for allegedly accepting bribe from the Gidwanis to weaken the charges levelled against them in the Adarsh society scam.

According to CBI, the Gidwanis had paid a bribe of Rs1.25 crore to Jagiasi, who had flaunted his close links with CBI officers, including Goswami, to weaken the charges. Jagiasi in turn allegedly gave Rs25 lakh to Goswami, CBI claimed.

In 2013, Goswami had approached the HC seeking quashing of the case against him alleging that he was being framed. Goswami's counsel Mahesh Jethmalani had argued before the high court that CBI has no evidence against his client. Pointing out the charge sheet, Jethmalani had argued that nowhere it was mentioned that Goswami had demanded or accepted money from Gidwanis. "Jagiasi has randomly dropped names to the Gidwanis and others and demanded bribe. There is no evidence that Goswami had demanded money," Jethmalani had argued.

After going through the charge sheet, the HC also opined that there was no evidence against Goswami. The court observed that Jagiasi had taken names of several persons including top CBI officers, CBI counsel Ejaz Khan and former advocate general Darius Khambata.

Justice Tahilyani even quizzed the CBI: "Why have you (CBI) picked only Goswami from this lot and launched prosecution against him. Do you (CBI) have any other evidence against him? Was he caught accepting bribe money or is there any evidence that shows he demanded money?"

The judge decided to quash the complaint when the CBI could not respond to its queries. "The applicant (Goswami) stands discharged of the offences punishable under section 120-B (criminal conspiracy) of Indian Penal Code and section 7 and 10 of the Prevention of Corruption Act," observed Justice Tahilyani on March 17.

CBI had claimed to have stumbled upon the case with the arrest of Jagiasi who allegedly asked an Air India official, accused in a CBI case, to pay a bribe of Rs 50 lakh for dilution of the charges levelled against him. 

The Air India official approached the CBI and a trap was laid after which Jagiasi was arrested on February 20. During interrogation, Jagiasi had revealed that he had approached other accused also, including Gidwani. CBI in its charge sheet claimed that Jagiasi entered into a criminal conspiracy with Goswami, who represented CBI in several cases including the Adarsh scam in high court, for diluting the case.


 

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