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The Central Bureau of Investigation today filed a chargesheet
against the former Delhi High Court Judge, Shri Shameet Mukerjee,
former Delhi Development Authority (DDA) Chairman, Shri Subhash
Sharma, IAS and three others in a DDA Land Scam Case registered
by the investigating agency on April 29, 2003. The others
who were chargesheeted are, Shri Dharambir Khattar a businessmen/middleman,
Shri Vinod Khatri, a businessman owning Shara Restaurant on
the Aruna Asaf Ali Road, Vasant Kunj, New Delhi and Shri Ashok
Kapoor a former Sr. Private Secretary to the Vice Chairman,
DDA (under suspension) u/s 120-B IPC r/w Section 7 r/w Sections
8, 9 and 12 of Prevention of Corruption Act, 1988 r/w Section
13(1)(d) of P.C. Act, 1988.
According to the Charge Sheet, Shri Shameet Mukerjee was
appointed as a Judge of the High Court, on 16.1.2002 and was
earlier the Standing Counsel for MCD, Delhi during the period
from 27.12.2000 to January, 2002, during which period, he
developed friendship with Shri Dharambir Khattar.
Shri Subhash Sharma, had come in contact with Shri Dharambir
Khattar during the period from March, 1987 to January, 1989.
Shri Dharambir Khattar had been working as a middleman who
got the works of private parties done by bribing public servants
with money, wine and women. At the premises of Shri Dharambir
Khattar at 431, Mathura Road, Shri Shameet Mukerjee, then
functioning as an Hon’ble Judge of Delhi High Court
had established an office in a room which had been provided
free of cost by Shri Dharambir Khattar and which had been
furnished by Shri Khattar with Air Conditioner, computer etc.
Shri Shameet Mukerjee, used to frequent this office provided
by Shri Khattar where High Court files also used to be brought.
The said office premises was also used by Shri Shameet Mukerjee
to enjoy wine and women provided by Shri Khattar. Shri Mukerjee
was also frequently entertained by Shri Khattar at another
premises of his at 2, Khelgaon Marg, New Delhi. Shri Khattar
had also provided mobile phones to Shri Shameet Mukerjee and
Shri Subhash Sharma to facilitate the hatching and execution
of the criminal conspiracy in this case and in other cases.
According to the chargesheet, Shri Vinod Khatri, a dismissed
Constable of Delhi Police had illegally grabbed land in Village
Kishangarh and also on a stretch of land adjacent to Aruna
Asaf Ali Road, Vasant Kunj, New Delhi. One of the properties
held by him on Aruna Asaf Ali Road is Sahara Restaurant which
exists on Gram Sabha land vested with DDA and there are some
other properties held by him on the stretch of land along
Aruna Asaf Ali Road. He made use of the services of the middleman
Shri Dharambir Khattar to make Shri Shameet Mukerjee and Shri
Subhash Sharma to commit such acts of omission and commission
in the case in Suit No.1493 of 2002 titled Azad Singh Vs.
DDA as would prevent the impending widening of the Aruna Asaf
Ali Road as per the Master Plan for Delhi 2001. Shri Khatri
had an enormous stake in frustrating such widening of the
road as the same would cause a huge pecuniary loss to him
by disturbing his possession of several properties along the
road, and also the business of Sahara Restaurant owned by
him.
Shri Ashok Kapoor, a former Sr.PS of V.C., DDA, who used to
assist Shri Khattar in sundry matters, was caught by the CBI
team with the original High Court files of the Hon’ble
Court of Justice Shameet Mukerjee including a draft unsigned
order dated 20.2.2003 of the Court of Justice Shameet Mukerjee
in the aforesaid Suit No. 1493/2002 - Azad Singh Vs. DDA,
when this bundle of records was being taken away from the
Mathura Road premises of Shri Dharambir Khattar on 26.3.2003.
Since Shri Khatri and others apprehended demolition of the
structures of their illegally occupied properties, Shri Vinod
Khatri approached Shri Dharambir Khattar sometime in December,
2002 or thereabout, for exercising his influence with Shri
Shameet Mukerjee. Shri Subhash Sharma had also meanwhile joined
as V.C., DDA on 1.11.2002 and Shri Khattar, had identified
two DDA cases pending in the court of Hon’ble Justice
Mukerjee including the said Suit No. 1493/2002 titled Azad
Singh Vs. DDA which could be exploited to make money by utilising
the services of Shri Mukerjee and Shri Subhash Sharma.
On 20.2.2003, the Azad Singh case came up for hearing in the
Court of Hon’ble Justice Shameet Mukerjee However, the
Order was not issued but was kept by Shri Shameet Mukerjee
and was issued by the Court Master, High Court of Delhi only
on 25.2.2003. After the telephonic conversations between Shri
Shameet Mukerjee and Shri Dharambir Khattar on 20.2.2003 and
on 21.2.2003, Shri Dharambir Khattar had obtained the draft
Order dated 21.2.2003 from Shri Shameet Mukerjee on 21.2.2003
and given the same to Shri Vinod Khatri the same evening on
21.2.2003, and told him that if he wanted some lines (sentences)
added in his favour, that could be done.
The Order dated 20.2.2003 finally issued on 25.2.2003 is different
from the draft seized by CBI on 26.3.2003 and that found in
the notebook of the steno of Shri Shameet Mukerjee in several
significant aspects which establishes that interpolations/
modifications/ additions were done in pursuance to the criminal
conspiracy by Shri Shameet Mukerjee by grossly abusing his
exalted official position, with a view to cause a major undue
pecuniary benefit to Shri Vinod Khatri in assisting him to
thwart the road widening plan of DDA.
Electronic surveillance of 15 telephone numbers including
mobile phones registered in the names of the middleman Shri
Dharambir Khattar and his family member, has provided incontrovertible
evidence regarding the intimate details of the hatching of
the conspiracy and its execution and regarding receipt of
illegal gratifications. The developments as reflected in the
100 telephonic conversations cited as evidence in this case
have matched with the developments in the said Suit No.1493/2003
titled Azad Singh Vs. DDA and in the concerned DDA files.
Shri Subhash Sharma abused his official position to change
the DDA Counsel Ms. Gita Mittal in the said Azad Singh case
at the instance of Shri Dharambir Khattar and Shri Shameet
Mukerjee since she was perceived to be an obstacle in the
accomplishment of the conspiracy, thereby grossly jeopardising
the interests of the DDA and of Government of India which
he was expected to protect.
According to the Charge Sheet, Shri Shameet Mukerjee was supplied
about 50 girls on different times by a Massage Service provider
for which Shri Dharambir Khattar paid about Rs.1.5 lakhs.
This has been proved with documentary evidence apart from
a large number of explicit telephonic conversations. It has
also been proved that gold bars weighing 24 kgs. worth Rs.1.44
crores were got purchased by Shri Dharambir Khattar from MMTC,
Jhandewalan against cash payments and passed on to Shri Subhash
Sharma as illegal gratification in this case and in other
cases.
After completion of investigation in this case, sanctions
for prosecution of Shri Subhash Sharma and Shri Ashok Kapoor
were sought from the competent authorities in July, 2004,
which have been received recently, after which, this Charge
Sheet has been laid.
With the charge-sheeting of this case, all the four cases
registered in March and April, 2003 against various DDA officials
and others, in all of which Shri Dharambir Khattar acted as
a middleman and a conduit for corruption, stand charge-sheeted.
Two cases were charge-sheeted in July, 2004 and one case on
31.3.05.
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