'CBI can register graft case'

By Nirnimesh Kumar

NEW DELHI, MARCH 19.

Criminal lawyers here are of the view that it is within the ambit of the Central Bureau of Investigation to register a corruption case in the Tehelka.com expose on the role of middlemen and bribery in defence deals.

An offence of indulging in corrupt practices by public servants has been committed when officials were alleged to have accepted money other than legal remuneration from the .com reporters.

The Supreme Court says that the moment an investigating agency comes to know about the commission of an offence, it is mandatory for them to immediately reduce it to writing and initiate investigation, says Mr. K.C. Chorpa, a criminal lawyer quoting a judgment of the Apex court.

Registration of an FIR does not mean pronouncing someone as accused as the investigating agency could register a case and start investigation into the allegations without mentioning anybody as accused, Mr. Chopra says.

The CBI can register a corruption case under Sections 12 and 13 against public servants and Section 8 and 9 against private persons under the Prevention of Corruption Act, 1988 for their alleged acceptance of bribe promising to help fix deals, Mr. S.S. Sindhi, a lawyer of the Patiala House courts says.

Quoting a Supreme Court ruling of 1992 where it was upheld that ``once the amount is found in the possession of the accused, the burden shifts on him to explain the circumstances to prove his innocence as contemplated under Section 20 of the Act,'' Mr. Sindhi adds.

Section 20 of the Act also helps the CBI to register a case in the allegations. The Section says: ``......... if it is proved that an accused person has accepted or obtained or has agreed to accept or attempted to obtain for himself, or for any other person, any gratification (other than legal remuneration) or any valuable thing from any person, it shall be presumed, unless the contrary is proved, that he accepted or obtained or agreed to accept or attempted to obtain that gratification or that valuable thing, as the case may be, as a motive or reward........... without consideration or for a consideration which he knows to be inadequate.''

In a cognisable offence like this, there was no need for a complainant to formally lodge a complaint; the CBI can on their own suo motu register a case, says Pandit R.K. Naseem, a Delhi High court lawyer.

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