A special Central Bureau of Investigation (CBI) court has rejected the discharge plea of former Central Board of Film Certification (CBFC) advisory panel member Sarvesh Jaiswal, one of the accused in a 2014 bribery case in which Rakeshkumar Niti Singh, the then CEO of CBFC Bombay, was allegedly caught accepting a bribe of Rs. 70,000 to clear a regional film expeditiously.
Special CBI judge A.V. Gujarathi held that no prior government sanction was required to prosecute Jaiswal as he had ceased to be a public servant when the court took cognisance of the case in July 2016, nearly two years after his removal from the advisory panel.
According to the prosecution, Rakeshkumar Niti Singh, Sarvesh Jaiswal and agent Shripati Mishra had conspired to demand money for issuing censor certificates, with Singh seeking Rs. 70,000 through Mishra to clear Chhattisgarhi film Mor Dauki Ke Bihav in August 2014. The CBI laid a trap on August 14, 2014, based on a complaint by film representative Pravin Mohare, during which Singh was allegedly caught red-handed accepting the bribe routed through Mishra.
Investigators also claimed that Mishra had earlier accepted an iPad and a laptop for securing quick certification of another film, and that Singh routinely demanded between Rs. 2,000 and Rs. 10,000 to expedite approvals; one witness claimed that he had paid around Rs. 1.50-2 lakh to Singh over time.
Sarvesh Jaiswal sought discharge on the ground that the prosecution lacked the mandatory sanction required to proceed against a public servant under the Prevention of Corruption Act. The court, however, rejected the contention, noting that he had been removed from the advisory panel in August 2014 and, therefore, did not enjoy the statutory protection available to serving officials. The court relied on earlier Supreme Court judgements.
The ruling follows the court’s refusal in February this year to discharge Rakeshkumar Niti Singh, who faces allegations of systematically soliciting money or electronic gadgets in exchange for clearing films quickly. The case, pending since 2014, will now proceed to the next stage of trial.
