Court discharges Maharashtra Minister Chhagan Bhujbal in bribery case linked to Mumbai University library plot

Maharashtra Minister Chhagan Bhujbal (File pic)

A special court on Thursday discharged Maharashtra Minister Chhagan Bhujbal in an alleged bribery case linked to the award of a contract for a library at the University of Mumbai.

The court, while passing the order, stated that criminal liability cannot be based on the inference of "invisible support".

According to the PTI, the court ruled that the prosecution had failed to demonstrate the "necessary nexus" between the minister's official acts and the alleged criminality.

The order stated, "The applicant's position as PWD Minister (when offence was registered) explains his presence in the governmental process; it does not, by itself, establish his participation in a criminal conspiracy," as per PTI.

Three other accused also discharged along with Bhujbal

Besides Bhujbal, the special judge for MPs/MLAs cases, Mahesh Jadhav, also discharged three other accused in the 2016 case.

The Anti-Corruption Bureau (ACB) had alleged that Bhujbal, during his tenure as Maharashtra's PWD minister, and other accused persons caused huge losses to the state government by leasing out a plot to a private developer at a very low rate in 2009.

The court said that an administrative decision may subsequently be found to be erroneous, financially disadvantageous, or even procedurally irregular, but criminal liability requires the "additional element of a series of administrative decisions, alleged irregularities, and subsequent events," as per PTI.

The judge, while passing the order, stated that the prosecution has not disclosed with sufficient material a common criminal design, which is said to have connected them all.

Court says, 'Criminal liability cannot be founded'

Dismissing the prosecution's allegation that subordinate officers would not have acted without Bhujbal's "invisible support", the judge said, "criminal liability cannot be founded upon such an inference" unless the evidence discloses the factual circumstances.

The prosecution says the officers acted as part of the applicant's (minister's) modus operandi but also says that although the officers acted on their own, they could not have done so without the applicant's "invisible support", the court noted.

The order also stated, "These are not supported by any independent material showing the actual communication, direction, or understanding between the applicant and the concerned officers," as per PTI.

The court underlined that it cannot direct an accused "to face a full-fledged trial" merely because the prosecution has collected a number of circumstances which, upon further assumptions, may possibly be connected with the offence.

"The prosecution has not been able to demonstrate the foundational agreement, the necessary connecting circumstances between the various administrative acts, or the alleged ultimate exchange in a manner that would give rise to a grave suspicion of the alleged conspiracy," it said.

Lawyer claim this was the only case pending against NCP leader

Bhujbal's lawyer, Sudarshan Khawase, said it was the last pending case against the senior NCP leader, as he had previously been granted relief in other alleged kickback and financial fraud matters linked to the Maharashtra Sadan in Delhi and a housing project in Navi Mumbai.

The Anti-Corruption Bureau (ACB) had alleged that Bhujbal, during his tenure as PWD minister, along with the other accused persons, caused huge losses to the state government by leasing out a plot to a private developer at a very low rate.

ACB further claimed that the accused persons received huge kickbacks for the deal, as per PTI.

Bhujbal told PTI that the case was devoid of any merit. "I had no connection whatsoever in the matter," he said.

The case involves a prime four-acre plot in the suburban Kalina belonging to the University of Mumbai, which granted it to the state to construct a library.

ACB's allegation against Maharashtra Minister Bhujbal

The Public Works Department (PWD), then headed by Bhujbal, allegedly issued tenders to construct the library in 2009 on one portion of the plot and allegedly leased out the remaining land to a well-known developer for 99 years at Re 1 per square metre, which the ACB said was illegal.

The probe agency further claimed that the revenue department was kept in the dark about this deal and the collector was not informed.

(With inputs from PTI)