Bhushan CD case: Court rejects closure report



New Delhi: A Delhi Court on Wednesday directed the police to continue its probe into the case of a controversial CD allegedly containing talk between lawyer Shanti Bhushan and politicians Mulayam Singh Yadav and Amar Singh by rejecting the closure report filed by the investigators.

Chief Metropolitan Magistrate (CMM) Vinod Yadav rejected the closure report of Delhi Police, saying it was not clear as to why the probe agency rushed to file the cancellation report when it was clear that proper probe has not been conducted in the case.

The court also said that it was not the case that the CD came from "thin air" and the agency could have probed when the CD was prepared.

It said the motive behind making the CD should have been investigated as whether it was to derail the campaign for the Lokpal Bill or defame Bhushan or to make a recusal of a judge in the Supreme Court in the 2G case.

The court had earlier slammed the Delhi Police for not registering a corruption case despite finding the CD to be genuine.

The court was hearing the arguments on Bhushan's petition challenging the police report seeking cancellation of his (Bhushan's) complaint which described the CD, containing his alleged conversation with Samajwadi Party chief Mulayam Singh Yadav and Amar Singh, as "fabricated" and sought registration of a criminal case for allegedly forging the CD.

The court had also come down heavily upon the police for not recording the voice samples of Amar Singh, Mulayum Singh Yadav and Shanti Bhushan while investigating the matter.

The Special Cell of Delhi Police had in August, last year, sought the court's permission to close a case registered on Bhushan's complaint at the I P Estate police station on April 14, 2011. Bhushan had denied having had any conversation with them.

He had alleged the CD was a "cut-and-paste job" to discredit the campaign for a strong anti-graft Lokpal Bill.

The police had sought the closure of the case, saying there was no substantive evidence to prove the offence of forgery (doctoring of the controversial CD), as alleged.

PTI