NACHIKETA KAPOOR Vs. STATE

JUDGEMENT

(1.) Strange are the ways of life but for the applicant Nachikata Kapur, who has approached this Court for the protection of his life and liberty to move around as a free citizen of the country which liberty was for almost a decade too well insulated and protected from every quarter but now is in great danger, it can be said that not just strange are the ways of life but very very strange are the ways of life. Here is a gentleman who has been the most wanted person in many important Ministries/Departments of the Government of India and has been the blue-eyed child of many at the helm of affairs in those Ministries/Departments which included even the National Security Council. They all have been wanting to associate him with their Ministries and Departments. He has been the Officer on Special Duty (OSD) in the Ministry of Tourism, Government of India and then as desired by the then Minister of that Ministry he was made the private secretary(PS) of the Minister. It appears that this man has been playing different games and had been getting rewarded also for playing those games successfully and his vast experience in playing the games successfully in different Government Departments got him an entry into the Commonwealth Games also, a mega sports event which was held recently in our country. Of course, that entry ticket given to him was not for playing any game on the sports turf but for playing some indoor games(which time only will tell) in the Organising Committee which was constituted by the Government for the successful completion of the mega sports event. Though the country won many laurels for holding the Commonwealth Games but after the curtains were drawn on that event a large scale of frauds committed by many persons associated with that event surfaced. Now the Courts are flooded with cases relating to those frauds and the investigators claim to have found that actually those persons who were given the responsibility of the success of the Commonwealth Games had actually succeeded in amassing "common wealth" for themselves. It appears that this great man Nachikata Kapur also played some games during his short stint with the Organising Committee of the Commonwealth Games but this time he does not appear to have won any appreciation from those who had got him the entry ticket in this mega and highly prestigious national project of all times but he became so dear to the Delhi Police that it also now wants to avail of his services and the expertise in playing different games which he had acquired during his long association with different Ministries/Departments of the Government of India and the Ministers, bureaucrats etc. But see the irony of fate, though the police is also now wanting to avail of his services by associating him with the police department but that is sought to be done only after arresting him since the people in different Ministries/Departments of the Government and the persons at the helm of affairs there and for whom he mattered the most and with whom he had been very very closely associated all these years are now after his blood and want him to go to jail.

(2.) Having given a brief background of the applicant Nachiketa Kapur I now come to the circumstances leading to the filing of this anticipatory bail application by him.

(3.) On 30th July, 2012 the Crime Branch registered an FIR against the applicant-accused under Sections 420/467/468/471/ 120-B IPC on the allegations that he had managed to get a job in the Organising Committee of Commonwealth Games in July, 2009 by submitting along with his resume a photocopy of a degree of Delhi University which showed that he had graduated from Delhi University in the year 1994 but it had been found that the degree on the basis of which he was claiming himself to be a graduate was a forged degree.