AJIT PRAMOD KUMAR JOGI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who is the Ex. Chief Minister of the State of Chhattisgarh has preferred this writ petition under Articles 226/227 of the Constitution of India where by he has challenged the legality, correctness and authenticity of registration of F.I.R. R.C. 7(A)/2003 dated 9-12-2003 for the commission of the offences under Sections 7, 12, 13(1)(d), 13(2) and 15 of the Prevention of Corruption Act, 1988 and under Section 120-B and Section 34 of the Indian Penal Code and for quashing of the same on the ground that the same does not disclose any cognizable offence warranting further inquiry and investigation.

(2.) Brief facts giving rise to filing of this petition are that the general elections for the Legislative Assembly of the State of Chhattisgarh was held on 1st December, 2003 and the results of the same were declared on 4th December, 2003. The petitioner at the relevant time was the Chief Minister and till the new Chief Minister was sworn in on 7th December, 2003 the petitioner was working as Acting Chief Minister. After declaring the results on 4th December, 2003, the Indian National Congress secured 37 seats, Bhartiya Janata Party secured 50 seats, B.S.P. secured 2 seats and the National Congress Party secured 1 seat.

(3.) As per the First Information Report (Annexure-R/1) lodged on 7-12-2003 at 2 am by Shri Virendra Pandey at the Police Station, Anti-Corruption Bureau, Raipur, the Acting Chief Minister Shri Ajit Jogi, his son Amit Jogi and Shri B. R. Khunte, Member of Parliament had entered into a criminal conspiracy to split the newly elected M.L.A.s of Bhartiya Janata Party by giving them a bribe of Rs. 45 lakhs and in furtherance of that conspiracy on 5-12-2003 In the afternoon he received the telephonic call from Shri B. R. Kunte that if efforts are made, Shri Baliram Kashyap can become the Chief Minister and in this respect Shri Ajit Jogi can also render his help. When he enquired from Shri Kunte how it is possible then he replied that if out of the newly B.J.P. M.L.A.s six M.L.A.S break the party then Mr. Jogi will ensure that those M.L.A.s receive the support of 37 M.L.A.s of Congress, 2 M.L.A.s of B.S.P. and one M.L.A. of National Congress Party. Then he asked him to telephone after two hours and after two hours Mr. Khunte again telephoned him then he again asked Mr. Khunte to telephone in the night, but he expressed his inability to telephone in the night and said that he would telephone in the morning. In the meantime, he installed the voice-recording instrument on his telephone number 2442766 and when in the morning Mr. Khunte telephoned him, his conversation was recorded. From his conversation with Mr.Khunte, he could sense and assess that they have conspired to break some B.J.P. M.L.A.s by giving them bribe to ensure that with the support of those M.L.A.s Baliram Kashyap is stalled as Chief Minister. In that respect Mr. Khunte assured him the support of Mr. Ajit Jogi and after his talk with Khunte, Mr. Jogi also telephoned him on the same number and the conversation with Mr. Ajit Jogi has also been recorded In the cassette which he was producing. During the telephonic conversation Mr. Jogi assured him of political help as well as financial help and he said that he would be sending Rs. 15-20 lakhs through Mr. Khunte and in that sequence after two hours Mr. Khunte telephoned him and informed that Rs. 20 lakhs has reached to him, he would be sending along with his son Bunti. After reaching near the Mining Department building he telephoned from his telephone number 5031201 and after some time Bunti came in an ambassador car and on the rear seat of the ambassador ear there were two bags one of which was black colour and the other was whit -:. Those bags were taken by his driver and kept in his vehicle. Thereafter he informed the Central Leaders about the receipt of the money and about the conversation recorded on the cassette. They advised him to proceed further. Thereafter he was continuously in touch with Mr. Khunte over telephone and he informed Mr. Khunte that Mr. Baliram Kashyap would be coming at about 7-8 in the evening and on his arrival the programme would be arranged for the meeting with Mr. Jogi. At about 7 p.m. Baliram Kashyap came to him and he informed that on the way he had a talk with Mr. Jogi and Mr. Jogi assured him that he would help him in becoming the Chief Minister.