In the case of alleged attempt at horsetrading by then Chief Minister Harish Rawat to buy support of MLAs during 2016, the Central Bureau of Investigation has lodged a First Information Report against him, current Cabinet Minister Harak Singh Rawat, chief executive officer of a news channel, Umesh Kumar and other unknown persons.
The FIR has been lodged under section 120-B of Indian Penal Code and sections of the Prevention of Corruption Act, 1988 for criminal conspiracy, public servant taking gratification other than legal remuneration in respect of an official act, taking gratification in order by corrupt or illegal means to influence public servant, taking gratification for exercise of personal influence with public servant and abetment of the above mentioned offences.
The CBI has submitted that its preliminary inquiry was registered on the basis of a notification dated April 2, 2016, vide which the government of Uttarakhand accorded its consent to extend the powers and jurisdiction of the members of Delhi Special Police Establishment Act to the State of Uttarakhand, for investigation of complaint dated March 25, 2016 of Harak Singh Rawat sent to the Uttarakhand governor along with video recording related to horse trading and threatening dissident MLAs and their family members, besides offering office and money to them by Harish Rawat, the then Chief Minister. The preliminary inquiry revealed that after passing of finance bill on March 18, 2016 in the Uttarakhand State Assembly, the dissident MLAs of the Congress party, along with members from BJP left Dehradun by chartered flight and shifted to Gurugram. Umesh Kumar visited Gurugram and met Harak Singh Rawat, one of the dissident MLAs.
During this meeting they entered into a criminal conspiracy for the purpose of demanding gratification from Harish Rawat in lieu of his support to the Congress government.
In pursuance of the criminal conspiracy, Harak Singh Rawat asked Kumar to meet Harish Rawat and convey his demand for the post of deputy CM, two departments and cash. Kumar then arranged a meeting with Harish Rawat in the VIP lounge of Dehradun airport on March 23, 2016 and recorded the conversation between him and Harish Rawat, using his mobile phone. The CBI has further stated that analysis of the conversation reveals that Kumar, before the arrival of Harish Rawat, talked to Harak Singh Rawat over phone and informed him that he will arrange conversation between Harak Singh Rawat and Harish Rawat, and that he should keep in mind the things to be discussed.
As planned, soon after arrival of Harish Rawat, Kumar made a call to Harak Singh Rawat and made him to converse with Harish Rawat. During this conversation, Harak Singh Rawat informed Harish Rawat that Kumar has been authorised by him to convey his demands.
Stating further details of the case, the CBI has stated that the recorded conversation has been examined by forensic science laboratory, Gandhinagar and it has been opined that there is no addition/deletion/insertion/tampering/morphing in the video files, indicating that the recordings are genuine.
The above mentioned facts prima facie disclose commission of offences punishable under section 120-B of IPC and sections of PC Act 1988 against Harish Rawat, Harak Singh Rawat, Umesh Kumar and other unknown persons.
