Friday, August 22, 2008

Justice Katju supports sting operation to expose corruption

In the midst of a debate over thesting operations by television channels, a Supreme Court judge came out strongly in its favour saying more such operations were needed to weed out corruption in the society.

"I totally agree with sting operations. There is nothing wrong in it. There should be more sting operations. Corrupt elements can be brought to light by these sort ofoperations," Justice Markandey Katju observed during thehearing of a case relating to sting operation involving former Union Minister Dilip Singh Judeo. He said those who carry out sting operations to exposecorruption in the society cannot be treated as criminals. "There is no intention to commit any crime. This(sting operation) is only to expose corruption in society. How can they (who carried out sting operations) be equated with criminals," the judge said.

Justice Katju's remarks came when senior advocate Harish Salve, appearing for one of the accused in the cash-on-camera expose involving Judeo, said that if the persons involved in exposing this scam have been made accused then the same principle may also be applicable in the sting operations carried out by a private channel before the recent trust vote (in Lok Sabha). He said the journalists involved in exposing the cash-for-vote scam and the collusion between the prosecution lawyer and defence counsel in the BMW sting operation could also be arrayed as accused.

However, another judge, Justice Altamas Kabir, who was heading the Bench, said there was a flip side to the sting operation which was evident in the case of a Delhi school teacher that later turned out to be fake."You must have read about that teacher (Uma Khurana). That sting operation ruined her life," Justice Kabir said. The Bench was hearing a petition by a Delhi-based businessman Rajat Prasad, who is an accused along with Amit Jogi, son of former Chhatisgarh Chief Minister Ajit Jogi, seeking quashing of the charges against him for the sting operation. After a brief hearing, the Bench issued notice to theCBI and sought its reply within four weeks.

The Delhi High Court on May 30 had dismissed the plea of those involved in the sting operation challenging the framing of charges against them. Besides Prasad and Amit Jogi, others charged with entering into criminal conspiracy to carry out the sting operation to derive political mileage for the former Chief Minister are Arvind Vijay Mohan and Bhupinder Singh Patel. Mohan, an art dealer had provided logistic support for carrying out the sting operation to Raipur-based journalist Bhupinder Singh Patel, who was working with a local TV channel owner by Amit Jogi.The trial court has also framed charges against Judeo, Environment and Forest Minister in the previous NDA regime and his private secretary Natwar Rateria, who were caught on camera allegedly receiving cash.
The CBI has alleged that Judeo and Rateria had received a bribe of Rs nine lakh at Hotel Taj Mansingh Palace here on November 5, 2003. The bribe money was offered by Patel, a Raipur-based journalist, who had carried out the sting operation at Amit Jogi's behest. The chargesheet has alleged that the sting operation, later telecast on various news channels, was plotted to derive political mileage in favour of the then Chhatisgarh Chief Minister Ajit jogi as assembly elections were scheduled in November, 2003.

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