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CBI chargesheet: BCI members wanted Rs 13+ lakh total bribes as 3 now in special court dock

Rajinder Singh Rana
Rajinder Singh Rana

Bar Council of India (BCI) associate managing trustee Rajinder Singh Rana and former vice chairman Raju Dhanapal Raj were tried before a special CBI court in Delhi yesterday, for allegedly accepting a bribe of Rs 6 lakh to approve Global Law College in Ghaziabad.

Prosoll Law Inc advocate Harsh Kumar Sharma acted for Rana and Raj, and advocate Mohinder Singh Saini acted for the third accused Manish Tyagi before special CBI judge Anju Bajaj Chandna. Tyagi was the member of the advisory council of the Ghaziabad college in 2010 - the time when the offence was allegedly committed.

Public Prosecutor PK Dogra was acting for the state and the Central Bureau of Investigation (CBI).

CBI judge Chandna charged Rana, Raj and Tyagi for conspiracy under the Indian Penal Code (IPC) and for illegal gratification under the Prevention of Corruption Act 1988.

According to the chargesheet, Rana and Raj had allegedly demanded Rs 15 lakh from the law school’s chairperson BS Satyarthy at the time when the law school had submitted its application for inspection, and had again demanded Rs 15 lakh from Satyarthy when it was time for Rana and Raja to give submit their inspection report.

The chargesheet also alleges that Tyagi was the middleman who had negotiated with Rana to reduce the bribe amount from Rs 15 lakh to Rs 6 lakh, and had then finally delivered Rs 6 lakh to Rana.

Satyarthy, who turned “approver” in the case, made witness statements to confirm the offence, the chargesheet also stated. The charges in this case were framed against the accused on 15 September.

The CBI special court is currently in the process of taking evidence and cross examination in the case, with the CBI claiming phone wiretap evidence of Rana and other evidence.

All three accused, Rana, Raj and Tyagi, pleaded not guilty according to the chargesheet.

Charges for taking bribery that same year from Rohtak Haryana’s Vaish Education Society, will also be framed against Rana and Raj on Saturday in Delhi’s Tis Hazari court. CBI special judge Manoj Kumar Nagpal had on Monday fixed the date for framing of charges.

In 2011, the high court and the Supreme Court [https://www.legallyindia.com/201102151806/Bar-Bench-Litigation/bail-for-accused-in-bci-law-school-bribery-case-denied-again refused] to grant anticipatory bail to Rana and Raj as they were influential lawyers facing grave charges. If held guilty they stand to be imprisoned for seven years.

The PTI reported in December 2010 that special CBI judge OP Saini was “verbally abused” and “allegedly held hostage in his court” by a group of 40-50 “unruly lawyers” protesting denial of bail to Rana until additional police were called in for protection.

The lawyers had also protested allegedly “manhandled” CBI cops, according to the rport.

The charge sheet:

Firstly, that you all during the year 2010, at Ghaziabad and Delhi, agreed with each other to obtain illegal gratification other than legal remuneration from Sh. B.S. Sathyarthy (now approver), Chairman, Global College of Law, Kushaliya, Dasana, Ghaziabad, UP, to give favourable inspection report for the said college and in pursuance of the said criminal conspiracy you accused Rajinder Singh Rana firstly demanded Rs. Fifteen Lakhs at the time of submission of application and thereafter you accused persons Rajinder Singh Rana and Raju Dhanapal Raj demanded the same amount from Sh. B.S. Sathyarthy on 25/10/2010 at the time of inspection of the college. And in furtherance of the conspiracy you accused Manish Tyagi negotiated and settled with you accused Rajinder Singh Rana to reduce the bribe amount to Rs. Six Lakhs and paid Rs. Five Lakhs to you accused Rajinder Singh Rana on 17/12/2010. Also on 20/12/2010 you accused Manish Tyagi delivered Rs. One Lakh being the balance bribe amount to you accused Rajinder Singh Rana outside office of Bar Council of India, Rouse Avenue, New Delhi and the same was recovered by CBI from you accused Rajinder Singh Rana and thereby you all committed an offence punishable u/s 120B of IPC r/w Section 7, 13 (1) (d) r/w Section 13 (2) of Prevention of Corruption Act, 1988 and within my cognizance.

Secondly, you accused persons Rajinder Singh Rana and Raju Dhanapal Raj being public servants, during the aforesaid period and places in pursuance to the aforesaid criminal conspiracy demanded Rs. Fifteen Lakhs as illegal gratification other than legal remuneration at the time of filing of application and further on 25/10/2010 you both accused demanded the same amount from Sh. B.S. Sathyarthy (now approver), Chairman, Global College of Law, Kushaliya, Dasana, Ghaziabad, UP to give favourable inspection report for the recognition of the said college, at the time of inspection of the college and your co­accused Manish Tyagi negotiated and settled with you accused Rajinder Singh Rana to reduce the demanded amount to Rs. Six Lakhs and paid Rs. Five Lakhs to you accused Rajinder Singh Rana on 17/12/2010. Also on 20/12/2010 your co­accused Manish Tyagi delivered Rs. One Lakh towards remaining payment of settled amount of bribe to you accused Rajinder Singh Rana outside office of Bar Council of India, Rose Avenue, New Delhi, which was recovered on the same day by CBI from you accused Rajinder Singh Rana and thereby you both committed an offence punishable u/s 7 of Prevention of Corruption Act, 1988 and within my cognizance.

Thirdly, you accused Rajinder Singh Rana and Raju Dhanapal Raj being a public servants during the aforesaid period and place by corrupt and illegal means and by abusing your positions as public servants, obtained pecuniary advantage of Rs. Six Lakhs from Sh. B.S. Sathyarthy (now approver) out of which Rs. Five Lakhs were paid to you accused Rajinder Singh Rana through your co­ accused Manish Tyagi on 17/12/2010 and Rs. One Lakhs was paid on 20/12/2010 and you both thereby committed an offence specified u/s 13(1)(d) of Prevention of Corruption Act, 1988 and punishable u/s 13(2) of that Act and within my cognizance.

Fourthly, you accused Manish Tyagi during the aforesaid period and place abetted the commission of offence punishable u/s 7 of Prevention of Corruption Act, 1988, by accused Rajinder Singh Rana, Raju Dhanapal Raj who were public servants, by negotiating and settling the bribe amount at Rs. Six Lakhs for giving favourable inspection report to Global College of Law, Kushaliya, Dasana, Ghaziabad, UP and further paid Rs. Five Lakhs to your co­ accused Rajinder Singh Rana on 17/12/2010 and Rs. One Lakh on 20/12/2010 which was recovered from your co­accused Rajinder Singh Rana by CBI during the trap proceedings and thereby committed an offence punishable u/s 12 of the Prevention of Corruption Act 1988 and within my cognizance.

15 September Order in CBI corruption probe into BCI

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