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CBI gives Kesri clean chit in corruption case

The Central Bureau of Investigation has given a clean chit to former Congress president Sitaram Kesri in a case of alleged 'bribing' of MLAs to win the Rajya Sabha elections and amassing of wealth disproportionate to his known sources of income.

In an affidavit filed before a division bench of the Delhi high court, the CBI said no case was made out against Kesri for allegedly acquiring wealth and no evidence, oral or documentary, was available to substantiate the bribery allegations.

The CBI filed the affidavit in response to a PIL by Patna-based journalist Madhuresh Kumar, alleging that Kesri had bribed 22 Bihar MLAs to get elected to the RS in 1988 and 1994 and amassed wealth disproportionate to his known sources of income.

The division bench, comprising Justices Arun Kumar and Manmohan Sarin, after perusing the affidavit filed by Pradeep Kumar, CBI inspector, reserved its judgment in the case.

Counsel for petitioner Prashant Bhushan submitted before the bench that given the attitude of the CBI, no purpose would be served in continuing with the investigation by the agency.

Regarding the wealth of Kesri's son Amar Nath, the CBI has stated that the particulars of his assets have been referred to income tax department through a letter on July 27 this year and reminders were sent on November 2 and 13. ''Neither Amar Nath Kesri nor his family members are public servants and therefore no case of disproportionate assets could be taken up against them,'' it stated.

Rejecting the allegations that there was any connection between the assets of Amar Nath and Sitaram Kesri, the agency told the court that ''no evidence to link the funds of Sitaram Kesri with any of the assets belonging to Amar Nath or his family members could be found.''

The CBI said its investigating officer had visited Patna and Danapur in Bihar and carried out detailed enquiries, including the questioning of 26 persons like bank officials and perusing of documents related to banking and other transactions.

The allegations that Kesri is in possession of huge properties acquired out of his illegally earned wealth could not be substantiated on the basis of the total income and the assets acquired by him during the check period of September 1, 1988 to November 30, 1996, during which period he was the public servant, the affidavit stated.

The scrutiny of the income tax returns of Kesri and the Congress party revealed that the expenditure borne on him has been duly reflected in the balance sheets of the income tax returns filed by the All India Congress Committee.

''No material could be found to reflect that any offence under the provisions of the Prevention of Corruption Act or any other penal provisions was committed. Therefore, no case of acquiring of disproportionate assets could be worked out against Kesri,'' the agency opined.

About the petitioner's allegation that he had seen Kesri giving huge sums of money to several MLAs of Bihar to secure their votes in his favour, the CBI said, ''From the detailed enquiries, it is evident that no evidence, oral or documentary is available to substantiate the allegations and hence it would not be a worthwhile exercise to register a case and investigate.''

''Since no further action by the CBI is possible, it is prayed that the court may pass order for the discharge of the notice against the CBI in the matter,'' the affidavit concluded.

UNI

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