As it rejected the closure report of the Central Bureau of Investigation (CBI) for the second time and ordered re-probe into the theme park 'scam' on June 7, the special court specifically slammed the agency for its failure to examine the "role and financial status" of the then UT administrator and Punjab governor, General (retd) SF Rodrigues.
The detailed judgment came out on Thursday, and revealed the slamming of the CBI. The scam had come to the light after Vivek Aditya, an RTI activist, in 2009, filed complaints with the Central Vigilance Commission (CVC) pertaining to the allotment of the multi-crore project. CVC had further recommended a thorough probe by the CBI into the role played by senior officers in "favouring" one particular company, Unitech. The FIR registered by the CBI in 2010 said top UT bureaucrats, in connivance with Unitech Limited, indulged in criminal conspiracy and awarded 73.65 acres in Sarangpur village to the firm at Rs 5.5 crore fixed annual licence fee and 1.1% annual revenue sharing.
In April 2012, the CBI filed a closure report saying it had found no evidence. Not only that report but another similar report was rejected by CBI special judge Vimal Kumar on June 7, noting that the "CBI has not carried out a thorough investigation".
On June 7, the court accepted the objections filed by Aditya: "No investigations were carried out regarding the role and financial status of the administrator, General (retd) SF Rodrigues, despite the fact that CVC had opined his role to be under suspicion." The court did not stop at that and pointed towards the "CBI's failure to investigate into the properties of […] Rodrigues' aide-de-camp (ADC) Major Nirvikar Singh, and Patrik Kerr, son-in-law of administrator (Rodrigues)". The CBI was also pulled up for failing to investigate "financial implication of agreement in favour of Unitech Limited to ascertain the loss to public exchequer".
"In view of facts and circumstances as well as importance of matter and dealings of public servants in fiscal matters, acceptance of second closure report dated February 25 shall lead to loss of public administration," the judge said.