CBI misinterpreted law in closure report in horse trading case against Ajit Jogi, says protest petition

RAIPUR:Questioning the closure report filed by the Central Bureau of Investigation (CBI) in horse trading case against former Chhattisgarh chief minister Ajit Jogi, a protest petition has been filed here in the special CBI court, pointing out that the premier investigating agency has “misinterpreted” the provisions law and pleading the court to take cognizance of offences under Prevention of Corruption Act and criminal conspiracy.
“We have filed a protest petition in December 21, requesting the court to take cognizance of offences and to start process under Prevention of Corruption Act, and under section 120 (b) read with 34 against Ajit Jogi, his son Amit Jogi, former member of Parliament P R Khunte and one Som Prakash Giri” complainant Virendra Pandey’s counsel N N Chaturvedi told TOI.
He said the case would now come up for hearing in the court of Ranjini Dubey, special judge for CBI cases on January 21.
The alleged cash-for MLA scam took place in December 2003 immediately after the results of Chhattisgarh maiden assembly polls came in. Displaying wads of currency notes at a mid-night press conference, BJP leaders led by Arun Jaitley alleged that the then chief minister Ajit Jogi had attempted to buy some tribal MLAs for engineering a split in the newly elected BJP legislature party immediately after results came in that BJP had won 50 seats in the elections out of which 26 were tribal MLAs.
Virendra Pandey, who was then in BJP, had lodged an FIR naming then chief minister Ajit Jogi, his son Amit and P R Khunte, an MP, and another person as accused. Subsequently, the case was handed over to the CBI.
According to the complainant Virendra Pandey, a former chairman of the state finance commission, Ajit Jogi had earlier moved the high court seeking quashing of FIR in the case but did not get relief and the high court dismissed the petition, observing that there was a prima facie case in view of the circumstances involved.
In his protest petition, Pandey questioned the CBI contention that Ajit Jogi was only a “caretaker chief minister” between December 4 and December 7, 2003 and the newly elected members of Chhattisgarh Legislative Assembly were yet to take oath of office, alleging that the CBI has wrongly interpreted provisions of prevention of corruption act.
Quoting extensively from the CBI’s closure report, the petitioner pointed out that the facts and circumstances and evidence collected was sufficient to take cognizance of offences and start process against Ajit Jogi and others in the case.