'Is Sanjiv Kumar a whistleblower? The answer is yes and no'

NAT

Sanjiv Kumar

First of all, this court will have to see whether Sanjiv Kumar is a whistleblower. The answer is yes and no. Yes, because had he not filed the writ petition before the Supreme Court and had he not produced the original award lists, this scam would have never come to the light. No, because Kumar raised false pleas not only in Supreme Court of India but also at every stage during this trial. His stand... that the Supreme Court lists are fake and the directorate lists are genuine stands falsified... The grievance of Sanjiv Kumar during the entire trial had been that had the CBI made him a complainant and cited him as a prosecution witness, he would have explained all the facets of the conspiracy. But I find no substance in this grievance because during investigation, he maintained the Supreme Court lists to be the fake lists and the directorate lists to be the genuine lists. The special public prosecutors submitted that during investigation, the CBI found him to be a "comrade in crime"...

I would mention here that Kumar is the only person in this case who is aware of each and every fact as to how the scam took place... Therefore, throwing out his testimony altogether would amount to throwing a baby out with bath water. At the same time, he is an accomplice and therefore his testimony has to be appreciated in an extremely careful manner and only those portions of his evidence should be accepted which are corroborated from the evidence and circumstances proved on record.

Rajni Shekri Sibal

It is argued that her family background shows her close links with the Congress and that that is why she is (acting on behalf) of Bhupinder Singh Hooda, the present chief minister and also the political rival of OP Chautala... I have considered these submissions and I disagree... nothing stopped her from directly implicating the CM... Had her intention been to implicate O P Chautala, she could have very well testified about the two meetings having been headed by O P Chautala himself but that was not the case.

... contd.

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