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Sunday, September 6, 1998

When Joginder Singh put pressure on CBI

Raman Kirpal  
NEW DELHI, September 5: Former CBI Director Joginder Singh says that during his tenure he faced ``intense pressure'' from the top while probing corruption charges against politicians. However, in the Mumbai Port Trust case, records show that he was the one putting pressure on the agency.

According to documents with The Indian Express, Singh instructed his Mumbai branch to try and ``link'' former Surface Transport Minister Jagdish Tytler with the controversy despite the CBI saying that there was no evidence against Tytler.

Finally, in March 1998, a special court in Mumbai acquitted all three accused: Tytler, Delhi Congress leader Kiran Choudhary and former Maharashtra Chief Secretary D K Afzalpurkar. The court also ordered the case closed on the CBI's recommendation.

The CBI had earlier alleged that Afzalpurkar, on Tytler's recommendation, had leased out three chambers in a prime area of Mumbai at throwaway prices to Kiran Choudhary. In April 1997, the Mumbai branch of the CBI submitted a finalreport saying that there was no evidence to incriminate the former minister. The report suggested filing chargesheets against Afzalpurkar and Choudhary for ``wrongful loss'' to the Mumbai Port Trust.

But Joginder Singh then asked DIG, Bank Securities and Fraud Cell, to investigate the case afresh. The DIG then sent a letter to the Mumbai branch on May 13, 1997 saying that Singh ``is of the opinion that we should make another effort to link the Minister with the conspiracy. Such a major decision could not have been taken by Afzalpurkar without the active connivance of the Minister.''

The letter urged the Joint Director (West Zone) to ``please conduct further enquiries in the case and try to collect material with a view to corroborate the conspiracy between the Minister, the CMO (Chief Minister's Office) and the advocate (Kiran Choudhary).'' In August-September, 1997, Joginder Singh was transferred to the Home Ministry. Even after the fresh inquiries, the Mumbai branch could not find any evidence to``implicate'' Tytler. And the special court ruled that ``there is no shady deal'' in the Mumbai Port Trust premises leased out to Choudhary. ``Accused No 3 (Choudhary) was the legal retainer of the Mumbai Port Trust. Since April 1996, Accused No 3 is no longer associated with Mumbai Port Trust and has even surrendered the leased premises to Mumbai Port Trust. She has cleared all dues of the Mumbai Port Trust in relation to the leased premises as per the Lease Deed dated February 5, 1994. In the premises, there is no wrongful gain to Accused No. 3 nor any wrongful loss to Mumbai Port Trust,'' the court ordered.

When contacted, Joginder Singh admitted that he had passed such an order.``In a case like this, nothing can be done unless there is influence from the higher quarter,'' he said. Asked how he could ask for implicating the minister in a case which has now been wound up in absence of any evidence, he said: ``They (CBI) have closed so many cases after I left the CBI.''

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.


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