BHUPINDER SINGH PATEL Vs. CBI

JUDGEMENT

(1.) THE common thread that weaves through the present petitions is the aspect of criminal culpability of persons undertaking "sting" operations under the Indian penal Code ("ipc" for short) and the Prevention of Corruption Act (hereinafter referred to as the said Act ). The said revision petitions are filed against the order on framing charges.

(2.) ON 05-11-2003, M/s. Dilip Singh Judeo (accused No. 1), the then Union minister of State for Environment and Forests allegedly received illegal gratification in the sum of Rs. Nine lacs in the presence of his Additional private Secretary (APS), Shri Natwar Rateria (accused no. 2) from one Shri bhupinder Singh Patel @ Rahul (accused no. 3) as consideration for future "favours" with regard to certain mining projects in the states of Chattisgarh, jharkhand and Orissa. The said incident had been secretly video recorded by accused no. 3 and one Shri Arvind Vijaymohan (accused no. 4) acquainted with accused no. 3 who arranged for the video recording equipment. This incident came to be widely reported and publicized in print and visual media.

(3.) AFTER conducting a preliminary enquiry, the respondent registered a case against the said accused no. 1, accused no. 2, accused no. 3 and accused no. 4 on 19-12-2003. Further investigations conducted and statements of various witnesses recorded revealed that Shri Amit Jogi (accused no. 5) s/o Shri Ajit jogi the then Chief Minister of Chattisgarh had allegedly hatched a plan with the said accused no. 3, accused no. 4 and one Shri Rajat Prasad (accused no. 6)to video record accused no. 1 in the act of receiving bribe with an intention to disgrace accused no. 1 and tarnish his image and derive political mileage just before the assembly polls of Chattisgarh which were scheduled to be held in the end of November, 2003. The respondent thereafter filed the charge sheet where the names of accused no. 5 and accused no. 6 were added.