Civil aviation ministry denies sanction to prosecute BCAS staff

THE CASE AGAINST JOURNALIST UPENDRA RAI WAS ONE OF THE SEVEN THAT WERE AT THE HEART OF FIGHT AT THE TOP IN THE CBI

NEWDELHI:IN a setback to the Central Bureau of Investigation (CBI), the ministry of civil aviation has denied sanction to prosecute an employee of the Bureau of Civil Aviation Security (BCAS) who was arrested and chargesheeted by the agency for approving the issuance of an Airport Entry Pass (AEP) to journalist Upendra Rai, officials familiar with the matter said.

The case against Rai was one of the seven that were at the heart of fight at the top in the CBI between the agency chief Alok Kumar Verma and his immediate deputy Rakesh Asthana, who were both sent on leave in October after levelling allegations of corruption against each other in a public feud that reached courts.

In a statement on Sept 21, the CBI had stated that Asthana was under scanner of the agency in half-a-dozen cases. Asthana, in a letter to the Central Vigilance Bureau (CVC) on Oct 15, alleged that he was being framed and asked for the formation of a special investigation team monitored by the CVC rather than the agency chief to look into the cases. The Upendra Rai case was one of the cases he cited.

The CBI on May 1 registered a case against Rai, an aviation company, its chief security officials and unknown officials of the BCAS, saying Rai had been issued an AEP, which provides access to the holder to the airport, a restricted area, on the recommendation of the BCAS in violation of norms. Rai allegedly passed himself off as director (quality control) of the aviation firm to get a temporary as well a permanent AEP. In the course of its investigation, the CBI arrested Rai as well as the BCAS assistant director Rahul Rathore in the case, along with a few other accused. In August, the CBI filed formal charges against Rai, Rathore and the other accused as well. The agency invoked charges under the Prevention of Corruption (PC) Act in the case against Rathore and sought sanction to prosecute him from the ministry of civil aviation, under which the BCAS works. Prosecution is mandatory under the PC Act.

“The civil aviation ministry had sought an opinion from the BCAS chief Kumar Rajesh Chandra when the CBI approached it seeking sanction to prosecute Rahul Rathore, the officer in question. Chandra stated that no case was made out against Rathore, who is an assistant director with the BCAS,” said a civil aviation ministry official who spoke on condition of anonymity. “He argued that there was no quid pro quo and Rathore acted only after getting relevant documents from the aviation firm which were found to be in order...”

The official added that the ministry sought the opinion of the law ministry and the CVC in the matter and they too concurred with the BCAS chief on the matter. In absence of prosecution sanction, the court has not taken cognisance of the charge sheet filed against Rathore.

When contacted, Rathore declined to comment. A CBI spokesman was not available to comment.