CBI court acquits Delhi resident who demanded ₹30L for favourable HC order

A Delhi resident was acquitted by a CBI court for allegedly demanding ₹30 lakh from a Mumbai-based journalist in exchange for a favourable verdict. The court cited doubts about the credibility of the complainant and serious lapses in the investigation. The prosecution failed to prove its case beyond a reasonable doubt.

MUMBAI: A special Central Bureau of Investigation (CBI) court recently acquitted a Delhi resident who allegedly demanded ₹30 lakh from Mumbai-based journalist Ketan Tirodkar in exchange for a favourable verdict by the Bombay high court that was hearing a state government’s application challenging the bail granted to him.

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“I am not inclined to accept the uncorroborated version of the complainant (Ketan Tirodkar), as his evidence is not inspiring confidence,” special CBI judge M R Purwar said.

According to the complainant, the 47-year-old Faraz Khan had claimed that he was the brother-in-law of a Delhi high court judge and had also boasted of his contacts in Central ministries.

The judge added that in this case there was every doubt about the genuineness of the alleged conversation, transcription, collection of voice specimen, voice examination and forensic voice examination report as well as on the credibility of the complainant. The court observed that the evidence of the complainant revealed that it was not in accordance with his written complaint.

“There are several serious lapses in the investigation which go to the root of the matter. The entire case of the prosecution is reeling under great shadow of doubt and several thick clouds of doubt appear in the case of the prosecution. The benefit of the doubt therefore must go to the accused. The prosecution has failed to prove its case beyond a reasonable doubt,” said the court.

On 10 May 2006, CBI received a written letter from Tirodkar alleging that accused Faraz Khan had demanded ₹30 lakh from him for getting favourable verdict in a criminal application filed by the Maharashtra government, challenging his bail in an MCOCA case.

The series of incidents began on 2 May 2006 when the accused approached Tirodkar in Delhi through a common friend, claiming to be the brother-in-law of a Delhi High Court judge. He also allegedly spoke extensively about his close association with some central ministers.

On learning about his high-profile contacts, Tirodkar requested to arrange for a lawyer on a charity basis to appear for him in the high court case. Accordingly, Khan assured Tirodkar that he would be granted a favourable verdict. However, Khan demanded ₹30 lakh, two first-class air tickets from Delhi to Mumbai and a stay in a five-star hotel for two.

Tirodkar was shocked and hence asked Khan to call him on his MTNL number where he had attached recording equipment. Following this, he lodged a complaint. On verification of the complaint, the Court Administrator-cum-Registrar General of the Supreme Court informed that the Delhi High Court judge had no brother-in-law by the name of the accused and that the alleged demand was an attempt to cheat the complainant and denigrate the judiciary in the process. Thereafter Tirodkar filed his complaint.

Advocate Saeed Akhtar, representing Khan, pointed out that the case had several clouds of doubt on the prosecution case and its benefit must go in favour of the accused. He further highlighted the inordinate and unexplained long delay in the registration of the first information report (FIR). He argued that there was no positive and credible evidence to show the seizure of original audio cassettes of the call recordings because, on the day of lodging the written complaint, the cassettes of the alleged conversation were not with the CBI.