Punjab IAS officer challenged Vigilance Bureau over corruption case against him
By Satinder Bains
Demands to book VB Chief Sumedh Singh Saini for fabricating case
CHANDIGARH: Senior Punjab IAS officer V.K.Janjua, who was booked by Vigilance Bureau (VB) on curruption charges has alleged that he was falsely implicated due to 'ulterior' motives. He has also registered a FIR against VB Chief Director Sumedh Singh Saini and other officials with Chandigarh Police for fabricating the case.
Addressing a Press Conference here Saturday, 1989 batch IAS officer Janjua said that the FIR no. 9 November 9, 2009 registered at Police Station Flying Squad-1, Vigilance Bureau at Mohali under PC Act against me is nothing but a bundle of lies.
He has also challenged the jurisdiction of Punjab Vigilance Bureau to conduct a raid at Chandigarh which is not area of operation of Punjab VB. He has demanded to register a case of srongful confinement, assualt on public servant, criminal tresspass and defamation against Ludhiana Vigilance SSP S.S.Mand, D.S.P. R.S.Brar and other officials of raiding team.
The VB had claimed that Janjua was caught red handed allegedly accepting a bribe of Rs.two lakh from Ludhiana based industrialist T.R. Mishra in his office at Udyog Bhawan in sector 17 here..
Janjua said countered the claim of Mishra who alleged that he (Janjua) demanded money from him at my residence on the morning of 9-11-2009. His physical locations of 9-11-2009 revealed by his mobile phones show that he never came near his residence in Phase 7 Mohali. Time of meeting was not mentioned in FIR deliberately as there was never a meeting.
Janujua said that If someone has to meet a senior officer at his residence it is likely that he will check the availability of the Officer before going to his residence. No call was ever received by me from TR Mishra on 9-11-2009 or before that on 8th, 7th, 6th or 5th of Nov 2009 to check my availability at home on the morning of 9-11-2009. Another fact which falsifies the allegation of TR Mishra is that at about 8.45 AM I was at the CM residence on 9-11-2009 for a meeting. I left for CM residence at 8.15 AM. If the call detail records (CDR’s) of two mobile phones of TR Mishra 94175-00726 and 98761-00726 are checked and the cell tower or base station locations of the morning of 9-11-2009 are obtained it would show that he never touched cell tower or base station of Phase 7 of Mohali where my home is situated. The CDR’s of his mobile would indicate that he was situated in Gabba Market, Moti Nagar Ludhiana from 7.33 AM to 8.38 AM. He was in the vicinity of Village Nichi Mangli, Ludhiana at 8.59 AM. Thereafter he moved in to the area of Kohara in Ludhiana at 9.05 AM. He entered Khamano area of Fatehgarh sahib District area at 9.41 AM and reached Khant village of Ropar at 9.50 AM. and was at Ranjit Chander block of Punjab University at 10.40 AM. Around 10.45 AM and 10.47 AM he was in sector 15D of Chandigarh. At 11.10 AM he was located around Shivalik View Hotel of sector 17 Chandigarh. He then moved to sector 16D of Chandigarh at 11.29 AM. He again moved to sector 17 Chandigarh at 12.06 PM and was located in sector 17 at 12.08 PM and 12.57 PM. He had come to my office around 12.15 PM. So when did he meet me at my residence. In the FIR time of meeting at residence on 9-11-2009 has not been deliberately mentioned to avoid being proved wrong later on.
He further said that Mishra alleges he talked to me over phone on 5-11-2009 and I allegedly asked him to meet me outside DIC Office. Call records of my mobile phone and his mobile phone reveal that no call was exchanged on 5-11-2009. Time of meeting again not mentioned in FIR deliberately as there was never a meeting.
Janjua stated that GM industry Ludhiana was with me throughout my stay at Ludhiana. It can be verified from him that he never met me at Ludhiana on 5-11-2009. My Gunman and driver can also verify that I never met Mishra at Ludhiana on 5-11-2009. My mobile phone 94179-13014 CDR’s of 5-11-2009 would show that I neither received any call nor made any call to the two mobile numbers 94175-00726 and 98761-00726 of TR Mishra. Moreover his assertion that I asked him to meet me outside DIC office looks strange because he could have very well met me inside DIC Office. There was nothing to hide as everybody knew that he was a frequent visitor to my Office. A Secretary rank Officer will not ask anyone to meet him outside the office of his field officers. The time of meeting on 5-11-2009 has not been deliberately mentioned in the FIR because there was never a meeting. Had they put some time for the meeting it would have been proved wrong. Before coming for the meeting he would have checked the timing of the meeting over phone but there has never been a call to my phone on 5-11-2009. It is unlikely that any one will come to meet a senior officer without checking his availability.
Mishra has himself admitted to a newspaper that he had been planning to implicate me for the last 10 days.In an interview to the HT Live correspondent of Ludhiana edition of Hindustan Times of 11-11-2009, Mishra has stated that he had been planning to implicate me in the trap case for the last ten days. He said that “Janjua had not been trapped in a single day, rather a move to catch Janjua red handed had started about ten days ago”. If he had been planning to trap me for the last ten days it means he was hatching a conspiracy to implicate me. If bribe was demanded on 9-11-2009 what was he planning for ten days in advance?
A Pre-planned criminal conspiracy was being hatched since long as the first call was made by Mishra to DSP Vigilance on 28-10-2009. Twelve calls were exchanged between them before 9-11-2009 when the alleged demand of bribe was made.
If the CDR’s of the two mobile phones of Mishra 94175-00726 and 98761-00726 are checked, it will reveal why RS Brar DSP Vigilance, Ludhiana was present in Chandigarh on 9-11-2009. He had come here as part of the pre-planned criminal conspiracy. DSP Vigilance had conversation with Mishra for 2 minutes and 6 seconds at 1.57 PM on 28-10-2009 and then a talk of 2 minute 42 seconds on 29-10-2009 at 12.11 PM. Their diabolic plan gained momentum when DSP Vigilance made three calls to TR Mishra on 4-11-2009 at 1.54 PM, 2.53 PM and 3.57 PM and TR Mishra made a return call of 1 minute and 12 seconds at 6.01 PM on 4-11-2009. They again had a talk for 3 minutes and 14 seconds on 5-11-2009 at about 8.18PM. The same DSP Vigilance again had a talk with TR Mishra on 7-11-2009 at 4.06 PM. Then they again talked twice on 8-11-2009 at 4.25 PM and 9.38 PM. On the morning of 9-11-2009 at 8.22 AM he conversed with the DSP over his mobile phone. Then Mishra made a final call at 9.05 AM on 9-11-2009 to Brar perhaps sending the signal that he has moved for the kill. This regular exchange of calls between Mishra and DSP Vigilance proves that a criminal conspiracy was being hatched to illegally trap HIM. hE ADDED THAT When Mishra was sitting in my office on 9-11-2009 DSP Vigilance made four calls to the mobile of Mishra at 1.13PM, 1.15 PM, 1.16 PM and 1.27 PM. Apparently these calls were made under a criminal conspiracy to plant the money in my office. Mishra also made a call at 1.09 PM to DSP Vigilance when he was sitting in my office.
The money allegedly demanded on the morning of 9-11-2009 not withdrawn from any bank on 9-11-2009 by Mishra. He never withdrew this 2 lakh from any of his bank accounts but it was illegally supplied by Vigilance Police to him or it was planted by Vigilance Police itself.
No occasion, motive or reason to demand the bribe from Mishra as the vacant land adjoining the plot of TR Mishra was to be allotted by PSIEC (Punjab Small Scale Industries and Export Corporation), Punjab and not by Director Industries. PSIEC has been making allotment of adjoining vacant land to plot holders and it had in fact made 6 such allotments in Ludhiana.
Janjua claimed that to implicate him in the false trap case Mishra submitted a request to his office for allotment of vacant land adjoining to his plot no. E 646 on 21-10-2009. I sent his file down below for examination of his request. When the file came back to me after examination by the office, I passed the following order on it on 1-11-2009 in a routine manner. We may send this case to PSIEC (Punjab Small Scale Industries and Export Corporation) for decision as per their policy. The applicant also be informed accordingly”.
It is unbelievable and beyond comprehension of a ordinary man that someone will demand 6 Lakh Rupees for writing the above few innocuous lines, and that too after 8 days of passing of this order.
No demand of bribe alleged when TR Mishra’s subsidy of 9.38 lakh was sanctioned. When I had not demanded any bribe for sanctioning subsidy of 9.38 Lakh on 3-11-2009 of TR Mishra how can I demand any money on 9-11-2009 for the work that is outside my jurisdiction and in which I had already passed the order on 1-11-2009 rejecting his application.
In a state level committee meeting held on 3-11-2009, chaired by me and attended by senior Officers of the department and many bankers and some financial Institutions, 17 cases were sanctioned including case of Mishra to whom a subsidy of 9.38 lakhs was sanctioned. He has not made any allegation of demand of bribe for sanctioning of this subsidy.
That the FIR was concocted, and cooked up and ante-timed is clear from the fact the FIR is shown to be registered at 11.05 AM but the copy of FIR reached the concerned Magistrate who lives in sector 71 of Mohali at 10.50 PM at night that is after a gap of nearly 12 hours. If it was really registered at 11.05 AM it could have been submitted at the court of Magistrate which was open till 5 PM.
The Magistrate lives at hardly a distance of about 3 Km from the Vigilance Bureau Police station therefore it should not have taken more than 15 minutes to reach his residence. It appears to have been written at about 10.30 PM because the time of receipt at Magistrates residence is 10.50 PM. The CDR’s of Mishra reveal that he was still in sector 17 Chandigarh at 11.15 PM. This corroborates the fact that FIR was registered at 10.30 PM. The FIR is what sets the criminal law in to motion.
RS Brar DSP Vigilance, Ludhiana records in the FIR that he started his raid from Phase 8, Mohali at 10.55 AM but the fact is that he was in sector 15 Chandigarh at 10.50 AM.
The CDR’s of 9-11-2009 of the two mobiles of RS Brar DSP Vigilance, Ludhiana 98158-00301 and 99157-00629 reveals that he fabricated the whole FIR. The base station/ cell Tower locations revealed by his mobiles indicate that Brar was at Batala at 4.12 AM. He remained in Ludhiana from 7.22 AM to 8.32 AM according to the locations revealed by cell Towers through which he made calls. He was in the area of Miller Ganj area of Ludhiana at 8.39 AM. Thereafter he moved in to the area of Kohara at 9.04 AM in Ludhiana. About 9.33 AM he was in the Khamano area of Fatehgarh district. He was located around Morinda at 9.48 AM and touched Balongi at 10.18 AM. He then moved in to Chandigarh and was around community centre of sector 38 around 10.36 AM. He moved in to sector 15 D at 10.50 AM. The calls made by his mobile indicate that at 11.13 AM, 11.19 AM, 11.24 AM, 12.07 PM he was in sector 17 of Chandigarh. This DSP Vigilance was never camping at Mohali as recorded in the FIR; rather he was camping at Batala from where he started at 4.12 AM.
RS Brar DSP Vigilance says that Mishra met him at Director Vigilance Office but the truth is that they came together from Ludhiana under a criminal conspiracy. As explained in the supra paragraph DSP vigilance was travelling from Ludhiana to Chandigarh from about 8.39 AM to about 10.50 AM and Mishra was also travelling from about 8.38 AM to about 10.40 AM from Ludhiana to Chandigarh. Around 9.05 AM they were both located in the area of cell tower at Kohara, Ludhiana. Then around 10 AM both of them were in the area of cell tower at Kharar and around 11.15 they both entered the area of mobile tower in sector 17 Chandigarh.
The trap staged by Brar in Chandigarh is totally null and void and illegal. Brar SS Mand SP Vigilance and Sumedh Saini Director Vigilance Punjab and other Vigilance officers are just ordinary persons in the Union Territory of Chandigarh and do not enjoy any police or investigative powers in Chandigarh. Police officials are the employees of state Govt. and they do not have police powers outside the state. They cannot take cognizance of any complaint outside the state. RS Brar had no jurisdiction to take cognizance of a complaint, investigate or conduct a raid in Chandigarh which is a separate state and totally outside his jurisdiction. The areas of various police stations and States of India are well demarcated and well defined. The police of one state cannot interfere with the investigative powers of police of another state.
Janjua said that Mishra or the Vigilance Police Planted Rs. 2 lakh Rupees in my Office when I went to toilet attached from inside to my room or may be earlier. No personal search offered by raiding party as required by law.
TR Mishra was a frequent visitor to my Office and due to his proximity to Inderjit Pradhan (Cabinet Minister) and Chief Minister Punjab he used to be extended due courtesies despite the fact that he had complained against me earlier. Political clout of TR Mishra and his close association with Inderjeet Pradhan (Cabinet Minister) and Chief Minister Punjab
Janjua stated that Mishra is a very close confidant of Inderjit Singh Pradhan. He is the right hand man of Inderjit Singh Pradhan who was appointed as Chairman of the Punjab Small Scale Industries Development Board with the rank of a Cabinet Minister by the Government on 15-4-2008.
Misra filed an affidavit dated 18-10-2008 with the Chief Minister Punjab making false allegations against me. He also procured three more complaints and one affidavit and submitted all these five documents collectively. The Chief Minister ordered an enquiry against me. While submitting the replies to these five complaints a specific request was made by me that an opportunity for their cross examination be given when they depose before the enquiry officer. None of them appeared before the enquiry officer to face the cross examination as they feared that their falsehoods will be exposed.
Janjua said that the Vigilance Police is headed by a person against whom charges have been framed in a court of law for kidnapping and murder of three persons. There are many allegations against him for murder of innocent youth and he even killed a son of IAS officer. He has been evading law for 15 years. For a person who has killed so many innocent youth implicating a person in a false case is a very minor transgression.
Janjua requested the Chief Minister Punjab to take action against the persons who foisted this false case on me. He demanded that Sumedh Saini Director Vigilance, SS Mand SP Vigilance Ludhiana and Ravcharan Singh Brar DSP Vigilance, Ludhiana should be placed under suspension and FIR be registered against them along with TR Mishra and SP Singh SP Vigilance (Retd) for implicating me in this false case by going out not only out of their jurisdiction but going out of the state of Punjab.