Special Judge Nikhil P Mehta passed orders on Oct 14 and 15, allowing discharge pleas filed by the five former Jet Airways pilots
Further, their claims were not settled out of turn by accused 1 (Machindra Bamne). Mumbai: A special CBI court has discharged five former Jet Airways pilots from a case where they were booked for allegedly bribing a public servant to get their Provident Fund (PF) released, holding that the material did not show that the employees gave money to obtain any out-of-turn benefit.
There is no bypassing of any fair procedure,” the judge said. On the other hand, the claim was settled as per rule belatedly only after they were compelled to deposit money with Bamne’s wife,” the judge said in five separate orders. The judge said that while the charges paid by the applicants can be said to be undue advantage for Bamne, he was asked to perform his public duty properly for settling the claim. “In this case question of improper performance of duty by Bamne does not arise as applicants were forced to pay money for proper performance of public duty by accused…The illustration to Section 8 (Prevention of Corruption Act) goes to show that only when out of turn preference is given by public servant, after receipt of undue advantage and no compulsion was made to give undue advantage only in that case Section 8 of Prevention of Corruption Act would be applicable,” the judge said. “It is true that applicants, despite being compelled to pay charges with consultancy firm run by Bamne, did not lodge report to law and enforcement authority within stipulated time from the date of deposit of charge or money for facilitating PF settlement, but that would not by itself give ground to prosecute applicants…under Prevention of Corruption Act, as they were not knowing of the said provision. ”
“Public duties performed improperly when a public servant carries it out unfairly in a manner that favours one person or outcome over another in exchange for undue advantage. In this case, no favour is done to the applicants. The judge further noted that the accused were not favoured when their claim was settled. “There was no expeditious release of claim on payment of deposit by applicant with Bamne’s wife. The court also dealt with the failure to report the payment to law enforcement.
Special judge Nikhil P Mehta passed orders on Wednesday and Thursday, allowing discharge pleas filed by Baikunth Nayak, Kakarlapudi Kumar, Bejoy James, Sam Thomas, and Kedar Gokhale.