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Notice to CBI on petition seeking discharge in sting operation case

J. Venkatesan

The sting operation involved former Minister Dilip Singh Judev
High Court refused to discharge Rajat Prasad who conducted the operation

New Delhi: The Supreme Court issued notice to the Central Bureau of Investigation on Friday on a special leave petition filed by Rajat Prasad seeking a direction to be discharged in a criminal case relating to a sting operation involving the former BJP Union Minister Dilip Singh Judev he conducted in 2003.

A Bench of Justice Altamas Kabir and Justice Markandey Katju issued notice on the SLP, which is directed against a Delhi High Court order declining to discharge Mr. Prasad from the case. Mr. Judev was caught taking money on camera, allegedly in return for favours to an Australian mining company. The CBI registered a case against Mr. Judev in which Mr. Prasad was cited as an accused.

“There is nothing wrong with a sting operation, corrupt elements can be exposed only by such operations,” Justice Katju orally told senior counsel Harish Salve and counsel Harris Beran. “This is only to expose corruption in the society, how can they [those who expose] be equated with criminals?”

Justice Katju observed that if the judgment of the High Court was to be accepted, then the two television channels who exposed the ‘cash for query’ scam involving certain MPs and the one relating to the involvement of two senior lawyers of the High Court should also be included as accused.

“I am of the strong opinion that sting operation is the only way by which corruption can be exposed,” he said. “They are shameless people.”

He told the counsel: “How can you say the person who exposed corruption has given a bribe. Money is given not for corrupt purpose, but only to expose corruption. The question is whether entrapment will attract the provisions of the Prevention of Corruption Act.”

Justice Kabir referred to the expose of a television channel involving an innocent school teacher and said that there was another side to sting operations.

The Bench issued notice seeking CBI’s response in four weeks.

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