NEW DELHI: A special CBI court rejected on Monday a CBI report closing a case the agency had filed against BJP politician Maneka Gandhi and two others in 2006 for allegedly sanctioning Rs 50 lakh as a grant to a trust in a fraudulent manner. The court said it found that a “prima facie” case of criminal conspiracy, criminal misconduct by a public servant and cheating existed and directed the CBI to investigate the case further.
This was the second closure report in the case. Earlier too, on June 19, 2010, a court had directed further probe.
Though the CBI contended in its closure report that there was neither misappropriation of funds nor a criminal angle, special judge Ajay Kumar Kuhar observed in his order that utilisation of funds was not an issue in this case.
“It appears that there was a conspiracy amongst the accused and the evidence in the form of documents in the statements prima facie shows the commission of offence under Section 120 B (criminal conspiracy) read with Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption (PC) Act, 1988, and Section 420 (cheating) of the IPC,” the court said.
The senior public prosecutor submitted that since the amount hadn’t been misappropriated, no criminal intent could be attributed to the accused. But the court said the intention was to acquire money from the MAEF (Maulana Azad Education Foundation) for a trust that did not fulfill the required conditions and then to start a nursing college. “Thus, without making any investment, a nursing college was started by the trust by acquiring entire financial aid from MAEF in an irregular manner (sic),” it added.


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