IN THE COURT OF HON'BLE SRI O.P. SAINI, LD. SPECIAL JUDGE, CBI COURT, PATIALA HOUSE COURT, DELHI.

CC Ncs-1/2011 RC/45-A/2009/CBI/ACB
New Delhi

U/s P.C. Act, 1988.

NDOH 15.11.2011

IN THE MATTER OF :

CBI

Complainant
Vs.

A Raja & Ors...Respondents

AN APPLICATION U/S 319 OF Cr. P.C. 1973 READ WITH SECTION 311 OF Cr.P.C., 1973 FOR EXAMINATION OF

APPLICANT IN ATTENDANCE BEFORE THIS HON'BLE COURT

IN THE

MATTER OF RECEIPT &

LAUNDERING OF BRIBE

MONEY OF 2 G SCAM IN EXCESS OF Rs. 2,000/- CRORES BY

M/S NDTV LTD. THROUGH ILLEGAL HAWALA ROUTE AND
FICTITIOUS JAMAKHARCH ENTRIES AS SHARE

CAPITAL/CONTRIBUTION OF SUBSIDIRIES OF M/S NDTV

LTD. HUSHED UP THROUGH BRIBE AND ILLEGAL

GRATIFICATION PAID TO CORRUPT GOVT. OFFICERS LIKE

MS. SUMANA SEN (IRS 99005) & TO PROCEED AGAINST

DIRECTORS, OWNERS & EMPLOYEES OF M/S NDTV LTD.
AND ACCOMPLICE PUBLIC SERVANTS FOR OFFENCES

UNDER THE PC. ACT, 1988, IPC, 1860, THE IT (P) ACT,
1956, THE O.S. ACT, 1923 AND OTHER LAW FOR WHICH
THEY ARE TO BE TRIED WITH OTHER ACCUSED BEING

TRIED IN 2 G SCAM BEFORE THIS HON'BLE COURT.

MOST RESPECTFULLY SHOWETH:

That, the applicant is a citizen of India and is an officer of 1987

Batch of Indian Revenue Service (IRS) working as Commissioner of

Income Tax in Delhi though under orders of transfer to Ranchi and

is competent to invoke the jurisdiction of this Hon'ble Court U/s

319 86 311 of Cr.P.C. 1973 to get himself examined by this Hon'ble
Court in the matter of crime and offences committed in the case of 2

GScam (CC No.-l of 2011 in RC/45-A/2009/CBI/ACB/New Delhi U/s The P.C. Act, 1988) involving receipt of bribe money in excess of Rs. 2,000/- Crores in the case of 2GScam currently under trial
before this HonTDle Court by M/s NDTV Ltd., its 100 %owned subsidiaries {two foreign based companies, M/s NPTV Network
Plc.. uk. and */* NDTV Ne*** BV. Holland (being 10Q % owned subsidiaries of M/s NDTV Ltd.) and 5 Indian companies,

M/s NDTV Imagine Ltd., M/s NDTVLife style Ltd., M/s NDTV
Labs Ltd., M/s NDTV Convergence Ltd. and M/s NDTV Media
Services Ltd., (100 %owned subsidiaries of M/s NDTV Ltd., since

merged with M/s NDTV Ltd. to complete the money laundering exercise)} alongwith directors of subsidiary companies, the
Directors, owners and employees and accomplices of M/s NDTV Ltd. including culpable Public servants like Ms. Sumana Sen (IRS 99005) etc., for which those/accused persons are required to be tried with other accused in 2 Gscam before this Hon'ble Court in
the matter of receipt of bribe money in excess of Rs. 2,000/- Crores

of 2 Gscam by M/s NDTV Ltd. on behalf of its accomplice Public servants, laundering of illegal slush money being bribe money of 2
Gscam in excess of Rs. 2,000/- Crores through illegal hawala route arid fictitious jamakharch entries to show that bribe money as

Share Capital/Share Contribution of 100% owned subsidiaries of

M/s NDTV Ltd. thatjwere deliberately and wilfully not disclosed by;
M/s NDTV Ltd. in its audited accounts with the malafide intent to obstruct any inquiry in its laundering of illegal slush funds in
excess of Rs. 2,000/- being bribe money of 2 GScam though that was mandatory.to be disclosed under applicable law, evasion of lawful taxes of Govt, in excess of Rs. 1,200/- Crores, embezzlement of Public money to the extent of Rs. 1,46,82,836/- through forgery and fraud, paying bribe and illegal gratification to Ms. Sumana Sen

(IRS 99005), DCIT, Circle. 13 (1), Delhi (the then) and Assessing
Officer of M/s NDTV Ltd. under various Direct Tax Acts (the Estate

Duty Act, 1953 (34 of 1953), the Wealth-tax Act, 1957 (27 of 1957), the Expenditure-tax Act, 1957 (29 of 1957), the Gift-tax Act, 1958 (18 of 1958), the Income-tax Act, 1961 (43 of 1961), the Super
Profits Tax Act, 1963 (14 of 1963), the Interest-tax Act, 1974 (45 of

*1974), the Hotel-Receipts Tax Act, 1980 (54 of 198Q); the Expenditure-tax Act, 1987; and any other duty or tax which, having regard to its nature or incidence, may be declared by Central Govt.

-%*

IN THE COURT OF HON'BLE SRI O.P. SAINI,

^ LD. SPECIAL JUDGE, CBI COURT, PATIALA HOUSE COURT, DELHI.
CCNO.-1/2011

RC/45-A/2009/CBI/ACB
1 New Delhi

U/s P.C. Act, 1988.

NDOH 25.11.2011
TN THE MATTER OF :

CBI

Complainant
Vs.

A Raja & Ors...Respondents

INDEX

SI.
No.

Particulars

Page
No. 1-31

1.

Application U/s 319 Cr.P.C, 1973 read

with Section 311 Cr.P.C, 1973.
Vakalatnama

32

New Delhi

Dt. 24-11-2011

Filed through

Harihar Pratap Singh, Adv. 405, Lawyers Chambers,

Patiala House Court,
New Delhi-110001.

to be Direct Tax} being spouse of Sri Abhisar Sharma, an employee

of M/s NDTV Ltd. who did not intimate the Govt, about that fact, inspite of mandatory requirements of Rule 4 of CCS (Conduct) Rules, 1964, violation of which entails imposition of major penalty including dismissal from Govt, service being all expenses paid free

pleasure trip to Europe during 12* April, 2005 to 20* April 2005 by
British Airways Flights BA 142 &BA 143 that cost to M/s NDTV
Ltd. and thus, payable by Ms. Sumana Sen, in excess of Rs.

1,00,00,000/- as consideration to first commit offences mentioned

herein and then hush up those offences, conspiring and conniving with Public servants to get inquiries in their offences

closed/scuttled/blocked, setting up Ms. Sumana Sen (life 99005)

and Ms. Ashima Neb (IRS 99010), women of dubious repute and character involved in the prostitution who had admittedly had and
who continue to have illicit extra-marital sexual relations with large number-of their male colleagues as consideration for not getting

proceeded against under Service Rules as also The Prevention of

Corruption Act, 1988 and other law applicable to crime, criminality
and offences committed by them {Ms. Sumana Sen (IRS 99005) and Ms. Ashima Neb (IRS 99010)} as was done by Ms. Sumana Sen in . Suite No.-10 of Income Tax Guest House on Infantry Road in

Bangalore during 16* of November, 2005 and 19* of November,

2005 where she stayed with Sri P.K. Mishra to provide to Sri P.K. Mishra and others sexual gratification in lieu of non-initiation of

vigilance inquiries against her and which she has admitted and
: declared in her T.A. Bills submitted in December, 2005 and as was

done by Ms. Ashima Neb @ Ashimina Nele @Smt. Ashima Neb Ms. in Bangalore during 16* of November, 2005 to 21* of November,, 2005 to provide sexual gratification to Sri P.K. Mishra and others in
lieu of non-initiation of vigilance cases against her in the matter of illegal losses caused by Ms, Ashima Neb to Public Exchequer to

gratify one Sri Timmy Khanna, her alleged husband and pimp, theft.
of secret and confidential records and documents of Govt, through bribe and illegal gratification, procuring secret and confidential records of Govt, illegally for unlawful benefit when those records were denied to M/s NDTV Ltd. under RTI Act, 2005 and M/s NDTV Ltd. did not muster courage to challenge that denial order before

appellate Authorities and superior Courts, etc. of M/s NDTV Ltd.,

its Directors, employees and accomplice Public servants, etc. who

are liable to be prosecuted along with other accused persons being prosecuted before this Hon'ble Court in 2GScam.

2.

That, had the applicant not been constructively prevented by Sri P. Chidambaram, Hon'ble Finance Minister from conducting and continuing with the inquiries, in the affairs of M/s NDTV Ltd. through fictitious and mischievous Charge Sheets and fraudulent N suspension as ordered by Sri P. Chidambaram, Hon'ble Finance
Minister (the then) on fraudulent charges of sexual harassment, sexual assault, molestation and rape of Ms. Sumana Sen (IRS 99005) and Ms: Ashima Neb (IRS 99010), women of dubious repute involved in serial and organized prostitution and prostitutes in
' terms of Clause 2 (f) of Section 2 of Immoral Traffic (Prevention) Act, 1956 and illicit extra-marital sexual relations with large number of male colleagues and recruited and deployed by M/s NDTV Ltd. to fake^ sexual harassment, sexual assault, molestation and rape, the 2 G Scam would have got detected in 2007 itself and would have ,

perhaps got hipped in its bud, sparing the Public Exchequer plunder of Public revenue. Applicant is benumbed by desperate and hysterical acts of Sri P. Chidambaram who was under oath to
adhere to the' Rule of law. and to protect and upheld the
Constitution of the country, to protect and shield M/s NDTV Ltd. in its theft of Public money and Public revenue (Rs. 1,200/- Crores of

lawful taxes) and laundering of illegal slush funds in excess of Rs. 2,000/- Crores being bribe received by Public servants in 2 GScam
and commit and allow and sponsor committing of fraud and

forgeries by his chosen and accomplice IRS officers like debauched

and serial offenders Sri I>.K. Mishra (IRS 70017), Sri R. Prasad (IRS

70036), Ms. Sumana Sen (IRS 99005), Ms. Ashima Neb (IRS 99010),
Ms. R. Bhama (IRS 86018), etc. and to permit and patronize

organized serial prostitution in Income Tax Deptt. to opiate the pain

and shock, emanating of his disgusting acts and despicable conduct.

3;

That, applicant has dealt with the case of M/s NDTV Ltd. in course
of his official duties as Addl. DlT (Inspection) being in-charge of

Inspection Division of CBDT and Preventive Vigilance inl.T. Deptt.

and is aware of evasion of large scale tax by M/s NDTV Ltd. (Rs.

1,200/- Crores of lawful taxes), embezzlement of Public money (Rs. 1,46,82,836/-) and laundering of illegal slush funds in excess of Rs.

^hiTr -m.k (^?hifa the Resort. Deep River, Beau Champ, ^<:i= Mauritius, somber 7009 to October, 2009) who has been escorting,her clients to Dubai, U.S.A., Mauritius etc. through the efforts of her pimp Sri Timmy Khanna, also doubling up as her husband for prostitution; to fake sexual harassment, sexual assault, molestation and. rep'eated rape by applicant (as was done

by them before-CVC on 2.6.2006 and before CBDT on'6-.6.2006 and subsequently, before Ms. Indira Bhargava, Chairman, CBDT, Sri
K.M. Chandrasekhar, Revenue Secretary and Sri P. Chidambaram

himself) in course of applicant's efforts to defend him in the wake of departmental and criminal cases filed against him by those prostitutes (Ms. Sumana Sen. and Ms. Ashima Neb) and their pimps,
touts and clients like Sri B.K. Jha, DIT (HRD) and Sri S.S. Rana,

Member (Inv.),'CBDT, etc., has learnt more about the crime and
offences of M/s NDTV Ltd. and is of the considered view that money ,

laundered by M/s NDTV Ltd. being about Rs. 2,000/- Crores, is

part of bribe received by Public servants and is confidant that he

can meet the test ofjudicial scrutiny if this Hon'ble Court lets him examine as prosecution witness and refer to the official records and
documents of Govt, and other authorities.

That, applicant is further strengthened in his assessment that money (about Rs. 2,000/- Crores) laundered by M/s NDTV Ltd. belongs to Public servants and is part of @G Scam bribe received by those Public servants by the despicable and nauseating acts of
Sri P. Chidambaram in preventing the applicant from proceeding

with inquiries against M/s NDTV Ltd. by implicating the applicant

in mischievous and malafide departmental proceedings through

forged and counterfeit records and documents while he was the Finance Minister (counterfeit Refund Approval Register forged by Sri
P. Chidambaram and his cronies, fictitious Writ Petition and forged

judicial orders of Hon'ble Delhi High Court forged by Sri P.

Chidambaram and his cronies, forged letters in the name of

applicant sent to various authorities, etc., which are articles of charge pressed against applicant, in Charge Sheet dt. 3.4.2006 U/r
14 of CCS (CCA) Rules, 1965,at the behest of Sri P. Chidambaram), to name only a few instances of forgery and counterfeiting by Sri P.
Chidambaram and his cronies and mischievous criminal cases

through forged.official records and forged judicial orders after Sri P.

Chidambaram became Hon'ble Minister of Home Affairs (FIR No.-

153 of 2009 U/s 509 of IPC, 1860 by P.S. Barakhambha Road, Delhi on tiie allegations of enraging the modesty of Ms. Sumana Sen and Ms,. Ashima Neb in September, 2009 and FIR No.-514 of 2009

U/s 509 and 500 of IPC, 1860 on the allegation^ enraging the
modesty of Ms. Ashima Neb) and getting the applicant arrested
twice in the course of the day on 8.1.2010 though offences alleged

against applicant were bailable and applicant was fully cooperating

with the Police and wherein applicant was "granted bail by the Court

immediately. The desperation and malafide of Sri P. Chidambaram to scare and intimidate the applicant to give up his quest for justice in the matter of laundering of money by M/s NDTV Ltd. and consequent and resultant persecution heaped upon him for having discharged his duties as per law and the utter helplessness of CBI and its decision making hierarchy, who are under the Cadre Control authority of Sri P. Chidambaram being Hon'ble Minister of Home Affairs, further corroborates reasonable assessment of applicant that money laundered by M/s NDTV Ltd. is part of bribe received by
Public servants in 2 G Scam. '

That, M/s NDTV, has historically been accused of paying bribe to

Public servants to get illegal and unlawful benefits and then hush '" up its crime and criminality and has been prosecuted for that by,
inter-alia, CBI among other investigating agencies. One such FIR

registered by CBI against M/s NDTV Ltd. and Sri Pronoy Roy {FIR
No.-RC.2(A)/98 SCU (II), dt. 9.1.1998 U/s 120 B IPC r/iv 13 (2)

r/w 13 (1) (d) of P.C. Act, 1988 and substantive offences

naming Sri Pronoy Roy, MD, M/s NDTV Ltd. and M/s NDTV Ltd.
& Ors as accused), which is only illustrative and not exhaustive

compilation of criminal activities of M/s NDTV Ltd., is being relied

upon by the applicant to support the submissions made herein. That, corrupt and unlawful acts and conduct of M/s NDTV Ltd.

involving the inquiry initiated by applicant against that company in

2006-07 was judicially noticed though not proceeded against
because of technical reasons by Hon'ble Delhi High Court in Court
On Its Own Motion vs State Arid Others, Crl. /W.P. No.-796 of 2007,

judgment dt. 21.08.2008 and is extracted as under-

"45. As far its Mr. Anand is concerned, he stated in his

affidavit dated 3rd October, 2007 that he was handed over a

file containing serious., allegations .of a tax fraud committed by
NDTV and some other entities. He was in the process of settling

a First Information Report to the police and initiating a public interest litigation in connection with the tax fraud. NDTV was

aware of the fact that Mr. Anand was in possession of the

relevant- papers and so the telecast was made on 30th May, 2007 to deter him from bringing the tax fraud out in the open."
8. That, the applicant states that M/s NDTV Ltd. and its owners, Directors, employees, inculpable Public servants like Ms. Sumana ~ Sen, Ms. Ashima Neb, etc. and accomplices has committed various

offences under various acts by receiving bribe money of 2 G Scam in

excess of Rs. 2,000/- Crores on behalf of corrupt Public servants,

laundering bribe money of 2 G Scam in excess of Rs. 2,000/- Crores

through illegal hawala route and fictitious jamakharch entries of
Share Capital/Share contribution of two foreign based companies,
M/s NDTV Network Pic.. U.K. and M/s NDTV Network BV.

Holland which has not been disclosed by M/s NDTV Ltd. in its
accounts submitted to Registrar of Companies and Income Tax1

authorities though that was mandatory to be disclosed and has got

the matter hushed up by paying bribe and providing illegal gratification to corrupt Public servants like Sri R. Prasad (formerly
CCIT, Delhi V and presently Member, Competition Commission of

India), Sri A.K. Handa (formerly CCIT, Delhi V and presently Income

Tax Ombudsman), Sri P.K. Mishra and Ms. Sunita Kaila (both

former CVOs of CBDT), Sri N.C. Joshi, (formerly CIT (OSD) (Vig) in

the O/o CVO, CBDT and presently CCIT in Mumbai), Ms. Kiran O.
Vasudev (formerly DIT (Vig), North and presently CCIT in Mumbai),

Sri BPS Bisht (formerly CIT (Vig) in CBDT and presently CIT in Kanpur), Sri N.K. Sangwan (formerly DIT (Vig) North and currently

CIT in Mumbai), Sri Prakash Chandra (formerly CIT, Delhi V), Sri
S.S.N. Murthy (formerly Chairman, CBDT), Ms. Sumana Sen

formerly Assessing Officer of M/s NDTV Ltd.), Sri B.K. Jha, Sri S.S. Rana, Ms. Ashima Neb, Ms. R. Bhama, etc.-and by getting applicant

implicated in false criminal -and departmental through forged and

fabricated records and documents and women of dubious, repute,

character and reputation like Ms. Sumana Sen (IRS 99005) and Ms,

Ashima Neb @ Ms. Ashimina Nele @ Smt. Ashima Neb being

prostitutes involved in illicit extra-marital sexual relations with

several of male colleagues and on the pay-roll of M/s NDTV Ltd. and

its owners/ Directors and employees, based upon which Sri P.

Chidambaram, Hon'ble Finance Minister (the then) issued 2 Charge

sheets to applicant and placed him under suspension on allegations of sexually harassing, molesting, sexually assaulting and raping Ms. Sumana Sen and Ms. Ashima- Neb, at their homes/in NOIDA and
offices in Delhi, keeping him under illegal suspension during the

period M/s NDTV Ltd. was busy laundering the illegal slush funds
in excess of Rs. 2,000/- Crores being bribe received in 2 G Scam by Public servants with the malafide intent and motives to stall inquiry in the affairs of M/s NDTV Ltd. as that would have led the applicant to money laundering exercise of M/s NDTV Ltd. and possibly even the real recipient of bribe in 2 GScam who had to be someone who was the decision maker and who had either not taken the decision

required to be taken or who had taken some decision that was not required to be, undertaken by that person/ authority in the facts
and circumstances of the case.

That, crime, criminality and offences of M/s NDTV Ltd. is evident from its having concealed affairs of its 100 % owned subsidiaries
M/s NDTV Network Pic U.Kr and M/s NDTV Network BV, Holland

by not including those subsidiaries in its audited accounts and although M/s. NDTV Ltd. moved application before Ministry of Corporate Affairs for condoning of its lapse, it did not disclose and
has not disclosed those subsidiaries till date when it has received

huge amount of money allegedly through Private Placements in those companies subsequently brought into M/s NDTV Ltd. via
Mauritius and another set of subsidiaries {M/s NDTV Imagine Ltd.,

M/s NDTV Life style Ltd., M/s NDTV Labs Ltd., M/s NDTV Convergence Ltd. and M/s NpTV Media Services Ltd., (100 %owned
subsidiaries merged with M/s NDTV Ltd. to complete the money laundering exercise)} and thus it is clear that omission to include

and ^w'm/s NF>TV Network Pic...U.K. and M/s NDTV Network

BV. Holland in its audited accounts by M/s NDTV Ltd. was

deliberate and wilful aimed at preventing scrutiny of affairs of those subsidiaries, as that would have revealed money laundering and

receipt of unaccounted money by M/s NDTV Ltd. and would have

also led to the real owner/recipient of bribe in 2 G Scam, on whose behalf, M/s NDTV Ltd. has laundered the bribe money.

10

# 10. That, it is ridiculous that when no one was willing to invest in M/s
NDTV Ltd. with all its profile and businesses, Private investors

chose to dump their money in little known Letter Box Shell

companies Ws NDTV Network Pic. U.K. and M/s NDTV Network

BV. Holland) which had no business, no Share Capital base, no

projects in hands, no offices, no.staff and absolutely no activity to attract investment^ those subsidiary companies are claimed to that
have attracted by M/s NDTV Ltd. and which was in any case

concealed by M/s NDTV Ltd. from scrutiny by excluding that from

its audited accounts when M/s NDTV Ltd. was unable, with all of its and inspite of its profile to attract any investment or ,any investor, either in Public domain or through Private Placement.

11.

That, farce and fraud of M/s NDTV Ltd. is evident from the one way

journey of money in those subsidiaries i.e. M/s NDTV Network Pic,

III, and M/s NDTV Network BV. Holland where money received

through alleged Private Placements was first taken to Mauritius andJ then brought into books of M/s NDTV Ltd. through its Indian
subsidiaries which makes one squirm in utter astonishment that if
someone was interested in investing in M/s NDTV Ltd,, why was

that investor taking so much trouble to carry its money through so much travelling i.e. first investing in little known companies in U.K.
and Holland, then carrying that money to Mauritius, then bringing that into another set of subsidiaries of M/s NDTV Ltd. and finally

getting that money parked in M/s NDTV Ltd., when that investor
could have, very easily invested directly in M/s NDTV Ltd.

Obviously, someone was attempting to hide something and M/s NDTV Ltd. was aiming tq lose the tr^il of money brought into its_
books, which alone warranted inquiry in its affairs and to prevent

which M/s NDTV Ltd. did not and has, till date, not disclosed the
affairs of M/s NDTV Network Pic. U.K. arid M/s NDTV Network BV,

Holland in its audited accounts, though that was mandatory and

has not been permitted to M/s NDTV Ltd. by Ministry of Corporate

Affairs while condoning its lapses.

12.

That, fraud and farcical alibi of M/s NDTV Ltd. is further clear from
the fact that M/s NDTV Network Pic, U.K. and M/s NDTV Network

BV. Holland while having made investments in Indian subsidiaries

of M/s NDTV Ltd. (M/s NDTV Imagine Ltd., M/s NDTV Life style

11

Ltd., M/s NDTV Labs Ltd., M/s NDTV Convergence Ltd. and M/s
NDTV Media Services Ltd.) did not ask for matching

allotment/allocation of shares of M/s NDTV Ltd. when those

subsidiaries were merged with M/s NDTV Ltd. and legally and

financially, investments of M/s NDTV Network Plc/UX and M/s

NDTV Network BV. Holland came to cease forever with the merger of

companies in' which those investments were; made by those companies. It is diabolically horrendous that why investors in M/s
NDTV Network Pic. U.K. and M/s NDTV Network BV, Holland

would agree for such criminal and unlawful misappropriation and disappearance of its money and investment by the acts of M/s
NDTV Ltd., which is what happened by the merger of subsidiaries of M/s NDTV Ltd. with that company i.e. M/s NDTV Ltd: 13. That, fraud and farcical alibi of M/s NDTV Ltd. is also clear from
the fact that M/s NDTV Network Pic. U.K. and M/s NDTV Network
BV. Holland have not paid any dividend or given any return to any

of its so-called Private or otherwise investors, which is tell-tale sign

of ownership of money invested in those companies lying with none but M/s NDTV Ltd. itself and to prevent scrutiny of which, M/s
NDTV Ltd. did not disclose and include the affairs of M/s NDTV
Network Pic. U.K. and M/s NDTV Network BV. Holland in its

audited accounts arid has riot disclosed and included till date which was never permitted by Ministry of Corporate Affairs.

14.

That, it is quite widespread to launder legal blackmoney through jamakharch entries as Share Capital and with far less effort and expenditure, M/s NDTV Ltd. would have got that done had its blackmoney been legal, i.e. generated in legal business but not
accounted for paying taxes under various taxation laws.) However, the blackmoney with M/s NDTV Ltd. being illegal blackmoney i.e.

generated in illegal activities and then concealed from taxation

authorities not only to avoid paying taxes on that but also to cover

up the source of that money as any inquiry in the taxability of that money would have ted to its source i.e. bribe received by Public
servants in 2 G Scam'and to avoid that, M/s NDTV Ltd. took the

trouble of floating 100% owned subsidiaries in U.K. and Holland, introducingits illegal slush money in those subsidiaries as Private Placements, carry that money first to Mauritius and then to Indian

12

subsidiaries and to merge those subsidiaries with M/s NDTV Ltd. to

complete the laundering and parking exercise of illegal slush money

in excess of Rs. 2,000/- being bribe received by Public servants in 2 GScam, taking about 4 years to complete the work that would have taken maximum of 6 months, had that been done through normal
jamakharch entry operators.
' < f

15. That, Inspection of the case of M/s NDTV Ltd. that was undertaken

by the applicant in the matter of allowance of inadmissible

deductions U/s 80 HHF of I.T. Act, 1961 to M/s NDTV Ltd. and the dubious role of Ms. Sumana Sen. in facilitating that fraud, would have certainly led the applicant to the laundering of illegal slush
funds in excess of Rs. 2,000/- Crores that was underway at the

time, applicant had undertaken the Inspection of the case of M/s

NDTV Ltd. and desperate to stall that, Ms/ NDTV Ltd. used its influence with. Sri P. Chidambaram, Hon'ble Finance Minister (the

then) and got,issued to applicant a Charge sheet through fake, forged, fabricated and counterfeit records and documents and when
that also did not seem toworking, it deployed Ms. Sumana Sen and

Ms. Ashima Neb being on its pay-roll and involved in prostitution

and illicit extra-marital sexual relations with large number of male

. colleagues as consideration to evade inquiries in their acts of

corruption and embezzlement of Public money and Public revenue
in excess of Rs. 3,00/^ Crores escorting their Clients as wives under fake and incorrect names (as was done by Ms. Ashima Neb who escorted her clients as Ms. Ashimina Nele and signed Guest

Registers as Smt. to cover up her prostitution) and staying in Hotels

and Guest Houses as man and wife (as was done by Ms. Sumana .

Sen wh6 stayed with Sri F.K. Mishra in Suite No-10 of Infantry
Road Guest House of Income Tax Deptt. in Bangalore to provide

sexual gratification to Sri P.K. Mishra and others) to fake sexual

harassment, sexual assault, molestation and repeated rapes by the

applicant and through such despicable and nauseating ploy, Sri P:

Chidambaram removed the applicant from the trail of M/s NDTV Ltd. and saved that company from the lawful consequences of its unlawful activities by placing him under suspension and extending

the suspension repeatedly even.;when Hon'ble Courts kept quashing the suspension of the. applicant. The conduct of Sri P.
Chidambaram is bizarre.

13

# 16. That, applicant is amply supported in his conclusions by the

strange conduct of Sri Milap Jain, DGIT (Inv.)-, Delhi who did not allow operation U/s 132 (1) of I.T. Act, 1961 in 2008 in the case of M/s NDTV Ltd. in an independent investigation conducted by
another officer completely independent of inquiries by applicant

even though there were adequate and overriding evidence collected by that officer to warrant such action and insured that investigation
in the affairs of M/s NDTV Ltd. got stalled and did not proceed at all. Obviously, the Finance Ministry headed by Sri P. Chidambaram, did not want any investigation in the case of M/s NDTV Ltd. and
was keen to let it have free run.

17.

That, it is matter of record that M/s NDTV Ltd. has not disclosed the accounts of two foreign based companies, M/s NDTV Network
Pic, U.K. and M/s NDTV Network BV. Holland its 100 % owned
subsidiaries in its accounts where it was raising huge amounts of

money in the garb of Share Capital/Share contribution being fictitious jamakharch entries that was mandatory and though it got the lapse ex-post facto condoned by Ministry of Corporate Affairs, it
did not disclose the affairs of those two companies even then and

thus perpetuated the illegality and criminality, but no action was

permitted by superior authorities in.the case of M/s NDTV Ltd, though that was exactly what was recommended by concerned
investigations officers. Obviously, someone high enough in the Ministry of Finance headed by Sri P. Chidambaram, did not want investigation in the affairs of M/s NDTV Ltd., as that would have revealed not only the money laundering exercise of M/s NDTV Ltd., but its linkage with the 2 G-Scam and possibly the owner of bribe money of about Rs. 2,000/- Crores that was being laundered by
. ~j

'

M/s NDTV Ltd. during that period.

' 18.

That, present applicant, while working as Addl. DIT (Inspection), incharge of Inspection Division Of CBDT and Preventive Vigilance set up in Income Deptt. that functions administratively under the
control of CBDT but for technical supervision and control works

under Comptroller & Auditor General of India and Public Accounts

Committee of Parliament, received credible intelligence that Ms.

Sumana Sen, DCIT Circle 13 (1), Delhi, whose spouse Sri Abhisar Sharma was an employee of M/s 'NDTV Ltd. (during October, 2003

 -14

to October, 2007) has not complied with the requirements of Rule 4 of CCS (Conduct) Rules," 1964 to,disclose and intimate the Govt, about the- employment status of her spouse Sri Abhisar Sharma

with private companies/firm and by concealing that crucial and

material fact from Govt., got her appointed as Assessing Officer of

M/s NDTV Ltd. under various Direct Tax Acts referred to in Para 1 and has conspired and connived with M/s NDTV Ltd. in theft of
Public revenue and Public money in excess of Rs. 2,00/- Crores.

19.

That, on formal action, allegations were found to be correct and applicant ordered an inspection of M/s NDTV Ltd. whereby an Inspection Note was raised by applicant on 7.3.2007 and sent to CCIT, Delhi V which was accepted by the Govt, and assessment of M/s NDTV Ltd. for A.Y. 2002-03 was cancelled U/s 263 of I.T. Act, 1961 by CIT, Delhi V on 29.3. 2007 with directions to Assessing
Officer do the assessment de-novo which was duly done on 31.12,

2007 accepting the findings of applicant and making appropriate additions and bringing additional revenue to Public Exchequer that
was hitherto evaded by M/s NDTV Ltd. in collusion with corrupt
Public servants like Ms. Sumana Sen and others.

20.

That, subsequently, applicant in course of his defence in various

departmental inquiries set up against him by Sri P. Chidambaram,

Hon'ble Finance Minister (the then) learnt that Ms. Sumana Sen

was paid bribe arid provided with illegal gratification by M/s NDTV
Ltd. to facilitate evasion of not only the lawful taxes due to Public

Exchequer but also laundering of illegal slush funds in excess of Rs..

2,000/- Crores, that was part of bribe,.etc received in 2 G Scam by
corrupt Public 'servants in a position to take decisions.

21.

That, Ms. Sumana Sen and Ms. Ashima Neb, in course of

proceedings before the Court ofld. CJM, NOIDA, U.P. in the matter
of directions of Court U/ s ,156 (3) for registration of FIR^ for being

involved, inter-alia,in prostitution, etc. has claimed that because of

complaints

of applicant

certain

inquiries/investigation

were

undertaken by CBI against them and CBI officers visited the O/o

CCIT (CCA), Delhi and after inspecting the records, exonerated them
of all the allegations of bribe taking, etc. that was alleged by

15

applicant in his complaints against those women i.e. Ms. Sumana

Sen (IRS 99005) and Ms. Ashima Neb (IRS 99010).

22.
v

That, it is correct that applicant has lodged complaints against Ms. Sumana Sen, and Ms. Ashima Neb but he is not. aware of any investigation .by CBI in the case of M/s NDTV Ltd. and its having paid bribe and provided illegal gratification to Ms*. Sumana Sen and
Ms. Ashima Neb and its having given clean chits to those women, as

has been claimed by them and in the wake of the scandalous claims of Ms. Sumana Sen and Ms. Ashima Neb,1 applicant approached the CBI stating the details of crime and criminality of M/s NDTV Ltd. and its accomplice Public servants offering to affirm his
submissions on oath and U/s 164 of Cr.P.C, 1073 but inspite of Herculean efforts, has not been able to secure the attention of CBI. It is to be noted that Sri P. Chidambaram is incumbent Minister of Home Affairs, Govt, of India which is the Cadre Controlling
j

Authority of Indian Police Service and which can invoke article 311 (2) of the Constitution qua IPS officers, who comprise the entire
decision taking cadre of CBI.
\

23.

That, the letters of applicant addressed to CBI are as under

go 1

Letter dt. 28.9.2011

To

(THROUGH PROPER CHANNEL)

The. Director, (ADVANCE COPY)

Dt. 28.9.2010.

Central Bureau of Investigation,

BlockNo. 4, 6th Floor, CGO Complex,

PRIORITY/

CORRUPTION MATTER LodiRoad, New Delhi-110003," SECRET & CONFIDENTIAL ' (Kind Attention-Joint Director. ACB. Delhi Zone)

Sir,

SUB : Payment of bribe and illegal gratification by M/s

NDTV Ltd. to Public servants and. other crime and

offences-pleadings of Ms. Sumana Sen (IRS 99005)

arid others in proceedings before the Court of Ld.
CJM, Gautam Buddha Nagar,NOIDA-reg.

Tn the- nourse of proceedings U/s 156 (3) before the Court of

Ld. CJM. Gautam Buddha Naaar. NOIDA for registration of FIR,

investigation of offences and submission of report by Police to Court

in the matter of offences by Ms. Sumana Sen (IRS 99005), Joint

Commissioner of Income Tax, Range-21., Room No.-D/S, Vikas Bhawan, LP. Estate, New Delhi 110002 and her accomplices under D?C, 1860, Cr.P.C, 1973, Prevention of Corruption Act,

16

(Prevention) Act, 1956 committed within the jurisdiction ofNOIDA Court, prime accused i.e. Ms. Sumana Sen and Ms, Ashima Neb has
harassed.

1988, Official Sscrets Act, 1923 and Immoral Traffic

alleged that because of complaints filed by me, CBI has registered

cases against-Ahem and their associates and -they are getting

2 Ms Sumana Sen and Ms. Ashima Neb further alleged that officers from O/o Sri Verma, Senior Superintendent of Police, ACB, CBI Delhi visited the office of CCIT (CCA), Delhi to inspect records

and found nothing incriminating against them and have cleared them of all the allegations of bribe and illegal gratification allegedly taken by them from M/s NDTV Ltd. in lieu of having facilitated the evasion of lawful Public revenue in excess of Rs. 12,00/- Crores, laundering of illegal black money to the extent of Rs. 2,000/cheating, forgery and fraud by Public servants to plunder Public Exchequer and procure bribe and illegal gratification,
criminal breach of trust by Public servants, etc., that has, been
since made by me against them.

Crores through illegal hawala route, embezzlement of Public money to the tune of Rs. 1,46,82^836/-, criminal conspiracy,

3.

I have no means to verify the authenticity of the claims of Ms.

investigation carried out by CBI in the matter but it is matter ofrecord

Sumana Sen and Ms. Ashima Neb nor do I know about any

that I have, in course of my official duties had detected and reported evasion of lawful Public revenue in excess ofRs. 2,00/- Crores

by M/s NDTV Ltd. in the matter of bogus claim and allowance of

deductions U/s 80 HHF of IT. Act, 1961, laundering of illegal

foreign based companies, namely M/s NDTV Network Pic. U.K. and M/s NDTV Network BV, Holland (being 100 %owned subsidiaries of M/s NDTV Ltd.) and 5 Indian companies, namely M/s NDTV Imagine Ltd., M/s NDTV Life style Ltd., M/s NDTV Labs Ltd., M/s
NDTV Convergence Ltd. and M/s NDTV Media Services Ltd.,

slush funds of about Rs. 2,0PO/- Crores by M/s NDTV Ltd. that is most likely political kickback in 2 G scam belonging to a powerful Tamilnadu based politician having Prime Ministerial ambitions through illegal hawala and jamakharch entries routed through two

(again 100 %owned subsidiaries of M/s NDTV Ltd., since merged

with M/s NDTV Ltd. to complete the money laundering exercise),. embezzlement and misappropriation of Rs. 1A6.82.836/- from

Govt, account fin criminal conspiracy with Ms. Sumana Sen and
other Public servants, payment of bribe and illegal gratification to
Public servants like all expenses void pleasure trip to M/s Sumana Sen costing about Rs. U00.00.006/- in April, 2005

Airways Flights No.-BA 142 and BA 143), criminal conspiracy, cheating, forgery, fraud, criminal breach of trust by Public servants, etc. and do accept the responsibility for my official communications.

(performed during 12th April, 2005lto 20* April, 2005 by British

4. Apart from M/s NDTV Ltd., its Directors and past and present employees; Public servants being serving and retired IRS officers, namely Sri R. Prasad (formerly CCIT, Delhi Vand presently Member, Competition Commission of India), Sri A.K. Handa (formerly CCIT, Delhi Vand presently Income Tax Ombudsman), Sri P.K, Mishra and Ms. Sunita Kaila (both former CVOs of CBDT), Sri N.C. Joshi, (formerly CIT (OSD) (Vig) in the O/o CVO, CBDT and presently CCIT in Mumbai), Ms. Kiran O. Vasudev (formerly DIT (Vig), North and

17

J^-,

''*'

-'

presently CCIT in Mumbai), Sri BPS Bisht (formerly CIT (Vig) in CBDT
North and currently CIT in Mumbai), Sri Prakash Chandra (formerly CIT, Delhi V), Sri S.S.N. Murthy (formerly Chairman, CBDT), Ms. Sumana Sen fprrnerly Assessing Officer of M/s NDTV Ltd.), Sri B.K. Jha, Sri S.S. Raha, Ms. Ashima Neb, Ms. R. Bhama, etc. are directly involved and have unlawfully benefited from the loot and plunder of

and presently CIT in Kanpixn),S^ri N.K. Sangwan (formerly DIT (Vig)

I' I

Public Exchequerand theft and misappropriation ofpublic money'by

M/ s NDTV Ltd. and its accomplice Public servants.

5. As Ms. Sumana Sen and- Ms. Ashima Neb, accused of prostitution and other assorted offences before the Court of Ld. CJM,

I
i

concocted story to mislead the Court, I may state, with full

responsibility, that assertions of Ms. Sumana Sen and Ms. Ashima

bU the CBI/its officers, which may even not be correct and may be

Gautam Buddha Nagar, are claiming that they have been exonerated

Neb about their crime and offences and those of M/s NDTV Ltd. is incorrect andmy reports to Govt, about those offences are borne out by the records and documents of Govt, andean be proved
in Court.

reports on affidavit and can be examined by CBI, if necessary, U/s 164 ofCr.P.C, 1973 before Magistrate/Special Judge/CBI Court.
7. In the circumstances, I would request for an audience with

6.

I am willing to affirm my submissions made,in my official

Director, CBI, or in case that is not feasible, with some senior officer preferably at the level ofJoint Director, ACB, etc. to substantiate my
reports about loot and plunder ofPublic Exchequer by corrupt Public servants in lieu of bribe and illegal gratification provided by M/s
NDTV Ltd. and received by those Public servants.

requestfor an eraly consideration ofmy above request.

8.

As matter is ,of extreme national importance, I would seek and

Yoiirsfaithfully (S.K. Srivastava) (IRS 87052),
Commissioner,

O/o CCIT (CCA), Delhi.

9013852825:

21.2

Letter dt. 30.10.20il

To,

Dt. 30.10.2010.

The Director,
Central Bureau ofInvestigation,
LodiRoad, New Delhi-110003,
Sir,

(THROUGH PROPER CHANNEL)

(ADVANCE COPY)

Block No. 4, 6th Floor, CGO Complex,

CORRUPTION MATTER

PRIORITY/

SECRET & CONFIDENTIAL

SUB : Payment of bribe and illegal gratification by M/s

offences-stand of Ms. Sumana Sen (IRS 99005)
NDTV Ltd. to Public servants and other crime and

18

I'

#.

g.nd others in proceedings before the Court ofLd.

CJM, Gautam Buddha-Nagar, NOIDA-reg.

REF:Representation dt. 28.9.2011 on subject above. . Further to and in continuation of my representation dt. 28.9,

2011, which is pending consideration with CBl, it is submitted that of

payment of bribe and illegal gratification by M/.s NDTV Ltd. to Ms. Sumana Sen, etc. is made outfrom the avermentspf Ms. Sumana Sen on affidavit before Hon'ble Delhi High Court in CWPNO.-1373 of2011
titled Sumana Sen & Anr. Vs. UOI& Ors. wherein undersigned was

*"
.

impleaded as Respondent Nq.-5. Copy of the Writ Petition (C) No.1373 of2011 is enclosed at FJag_A.
2. At Para 3.43, Page 17 of the Writ Petition (C)No.-1373 of2011, Ms. Sumana Sen has averred that a yearly vacation abroad with

family, was part of the salary package of Sri Abhisar Sharma from'
M/s NDTV Ltd. and she merely availed that benefit as wife of Sri Abhisar Sharma. However, Ms. Sumana Sen did not enclose any

proof or copy of the said service package of her spouse Sri Abhisar Sharma in respect of his employment with M/s NDTV Ltd. while his wife Ms. Sumana Sen was working as Assessing Officer of M/s NDTV Ltd. for all the Direct Tax Acts and had issued an illegal Refund of Rs. 1,46,82,836/- in AY*. 2004-05 in lieu of bribe and illegal gratification paid by M/s NDTV Ltd., and received by Ms.
Sumana Sen, DCTT Circle 13 (1), Delhi.

3. Not only Ms. Sumana Sen did never intimate Govt, though mandatory under Rule 4 of CCS (Conduct) Rules, 1964 and non compliance of which entails imposition of major penalty including dismissal from Govt, service, that her husband Sri Abhisar Sharma. was an employee of M/s NDTV Ltd., not even when she became Assessing Dfficer of M/s NDTV Ltd. in August, 2004 and passed Assessment Orders and issued Refunds on 28.3.2005, but has never

taken the plea before she filed the Writ Petition No.-1373 of 2011that a yearly vacation abroad with family was part of the salary package of Sri Abhisar Sharma and'it was that vacation which she had
availed in April, 2005.

4.

Further, .claim of Ms. Sumana Sen that Sharma a yearly

vacation abroad with family was part of the salary package of Sri Abhisar Sharma is not borne outfrom the records, as-

i).

No such benefit i.e. annual vacation abroad with family at the cost of employer i.e, M/s NDTV Ltd. as part of salary package of Sri Abhisar Sharma was included in the Service Contract of Sri Abhisar Sharma for his employment with M/s NDTV Ltd. and Ms. Sumana Sen has merely concocted the story to cover up her having received bribe and illegal gratification from M/s
NDTV Ltd. in lieu offavours granted, by her.

ii).

No such service contract has ever been enclosed by Sri Abhisar Sharma with his Returns of Income for the A.Ys. 2004-05, 2005-06, 2006-07, 2007-08 & 2008-09 relevant for P.Ys:/FYs. 2003-04, 2004-05, 2005-06, 2006-07 & 2007-08 respectively; covering the period of his employment with M/s NDTV Ltd. nor
. was any such service contract annexed with the Writ Petition

'(C) No.-1373of20U bi/Ms. Sumana Sen before Hon'ble Delhi

High.CQurt, ,

in)

No such perquisite i.e. annual vacation abroad with family at the cost =0/ employer i.e. M/s NDTV Ltd. as part of salary package is disclosed by Sri Abhisar Sharma in his Income Tax Returns for the period ofhis employment with M/s NDTV Ltd. ie October, 2003 to October, 2007 being A. Ys. 2004-05, 200506 2006-07, 2007-08 & 2008-09 relevant for P.Ys./F.Ys.
2003-04, 2004-05, 2005-06, 2006-07 &2007-08,

iv)

No such perquisite i.e. annual vacation abroad with family at package of Sri Abhisar Sharma is disclosed by M/s NDTV Ltd.
the cost of employer ie. M/s NDTV Ltd. ^as part of salary
in its TDS Returns for the period of his employment of Sn Abhisar Sharma by M/s NDTV Ltd. i.e. October, 2003 to October, 2007 being A.Ys. 2004-05, 2005-06, 2006-07, 200708 & 2008-09 relevant for P.Ys./F.Ys. 2003-04, 2004-05,
2005-06, 2006-07 & 2007-08 respectively,

v)

No such perquisite ie. annual vacation abroad with family at

package is disclosed by M/s NDTV Ltd. in Form No.-XVI issued by it to Sri Abhisar Sharma for the period ofhis employment by

the cost of employer ie. M/s NDTV Ltd. as part of salary

M/s NDTV Ltd. i.e. October, 2003 to October, 2007 being A.Ys. 2004-05 2005-06, 2006-07, 2007-08 & 2008-09 relevant for P.Ys./F.Ys. 2003-04, 2004-05, 2005-06, 2006-07 & 2007-08
respectively,

vi)

No such vacation abroad was allowed to Sri Abhisar Sharma during the FY. 2003-04, 2005-06, 2006-07 & 1207-08 when

too he was employed by M/s NDTV Ltd. i.e. period during October, 2003 To October, 2007 and therefore claim of Ms. Sumana Sen that a yearly vacation abroad for self and family was part ofthe salary package of Sri Abhisar Sharma isfarce and afterthought to cover up receipt of bribe and illegal gratification by Ms. Sumana Senfrom M/s NDTV Ltd.,

vii).

No such perquisite has been allowed by the next employer of

Sri Abhisar Sharma where he was drawing substantially
higher salary,

viii). no such perquisite was allowed by M/s NDTV Ltd. as part of salary package of other similarly placed and even higher
status employees. ^

5.

The all expenses paid free pleasure trip to Europe as provided

to Ms. Sumana Sen and the amount spent by M/s NDTV Ltd. x>n

pleasure trip ofMs. Sumana Sen to Europe during 12* April, 205 to 20th April, 2005 by British Airways Flights BA 142 & BA 143, was plain and simple bribe paid to Msl: Sumana Sen. consideration for and
in lieu of her having facilitated-

i). ii).

Illegal issuance of unlawful Refund of Rs. 1,46,82,836/- in

A.Y. 2004-05 on 28.3.2005 to M/s NDTV Ltd.,

Evasion of tax in excess of Rs. 2,00/- Crores in the matter of fraudulent and inadmissible claims of M/s NDTV Ltd. U/s 80

20

HHF of IT. Act, 1961 by not reporting the matter U/s 263 of
IT. Act, 1961,

Hi).

Laundering of illegal slush funds of more than Rs. 2,000/illegal hawala route and jamakharch entries by M/s NDTV Ltd. and corresponding evasion of about Rs. I,2p0/- Crores of
lawful taxes, '

Crores, most likely part of bribes, etc. of 2 G Scam, through

iv).

Unlawful access to secret and confidential records and documents of Govt, stolen,by Ms. Sumana Sen from the O/o CCH, Delhi, for providing to M/s NDTV Ltd. and its foreign
associates,

6. The records that show the falsity ofclaim of Ms. Sumana Sen and show that the amount spent by M/s NDTV Ltd. on pleasure trip

of Ms. Sumana Sen to Europe during 12th April, 205 to 20th April, 2005 by British Airways Flights BA 142 & BA 143 was plain and simple bribe paid to Ms. Sumana Sen are as under and are available
with-

i).

Returns of Income of Sri Abhisar Sharma for the period

October, 2003 to October, 2007 ie. A.Ys. 2004-05, 2006-07, 2007-08 & 2008-09 relevant for P.Ys./F.Ys. 2004-05, 2005-06, 2006-07 & 2007-08 respectively, with ACIT Circle 47 (1), Delhi, 3rd Floor, Mayur
Connaught Circus, New Delhi-110001,

2005-06, 2003-04, available Bhawan,

ii).

TDS Returns of M/s NDTV Ltd. for the period October, 2003 to
October, 2007 ie. A.Ys. 2004-05, 2005-06, 2006-07, 2007-08 & 2008-09 relevant for P.Ys./F. Ys. 2003-04, 2004-05, 2,00506, 2006-07 & 2007-08 respectively, available with CIT (TDS), Delhi, 6th Floor, Aayakar Bhawan, City Centre, Lakshmi Nagar,.
New Delhi-110092, y

Hi).

Back up files of DIT (System), ARA Centre, Jhandewalan

Extension, Delhi-110055 for the period October, 2003 to October, 2007 ie. A. Ys: 2004-05, 2005-06, 2006-07, 2007-08

& 2008-09 relevant for P.Ys./ F.Ys. 2003-04, 2004-05, 200506, 2006-07 & 2007-08 respectively.
7. In the course of proceedings U/s 156 (3) before the Court of

Ld. CJM, Gautam Buddha. Naaar. NOIDA for registration of FIR,

investigation of offences and submission of report to Court in the matter of offences by Ms. Sumana Sen (IRS 99005), Joint Commissioner of Income Tax, Range-21., Room No.-D/5, Vikas
Bhawan, IP. Estate, New Delhi-110002, etc. under IPC, 1860,

Cr.P.C, 1973, Prevention of Corruption Act, 1988, Official

Secrets Act, 1923 and Immoral Traffic (Prevention) Act, 1956,

prime accused i.e. Ms. Sumana Sen and Ms. Ashima Neb has alleged; that because of complaints filed by undersigned, CBI has registered cases against them and their associates and they are getting
harassed.

9.

Ms. Sumana Sen and Ms. Ashima Neb further alleged that

officers from O/o SriGaneshVerma, S.S.P., ACB, CBI, Delhi visited the O/o ofCCTT (CCA), Delhito inspect the records andfound nothing,
incriminating against them and have cleared them of the allegations

21 of receiving bribe and illegal gratification from M/s. NDTV Ltd: for

facilitating the theft of lawful Public revenue in excess of Rs. 1,200/' Crores, laundering of illegal black money in> excess of
Rs. 2,000/- Crores through illegal hawala, embezzlement ofRs. 1,46,82,836/- of Public money, criminal conspiracy, cheating, forgery and fraud to plunder Public Exchequer and procure

bribe and illegal gratification, criminal breach of trust, etc. levelled against them.
10. I have no means to verify the authenticity of the claims of Ms.
Sumana Sen and Ms. Ashima Neb nor do I know about any

investigation carried out by CBI in the matter but it is matter of record

that I have, in course of my official duties had detected and reported evasion of lawful Public revenue in excess of Rs. 2,00/- Crores by M/s NDTV Ltd. in the -matter of bogus claim and allowance of deductions U/s 80 HHF of IT. Act, 1961, laundering of illegal slush funds of about Rs. 2,000/' Crores by M/s NDTV Ltd. that is most likely political kickback in 2 G scam belonging to a powerful

Tam.ilha.du based politician having Prime Ministerial ambitions

through illegal hawala and jamakharch entries routed through two foreign based companies, M/s NDTV Network Pic. U.K. and M/s NDTV NetWork BV, Holland (being 100 % owned subsidiaries of M/s NDTV.Ltd.) and 5 Indian companies, M/s NDTV Imagine Ltd., M/s NDTV Life style Ltd;, MM NDTV Labs Ltd., M/s NDTV

Convergence Ltd. and M/s NDTV Media Services Ltd., (again 100 % owned subsidiaries of M/s NDTV Ltd., since merged with M/s NDTV Ltd. to complete the money laundering exercise), embezzlement and misappropriation of Rs. 1,46,82,836/ from Govt, account in criminal conspiracy, with Ms. Sumana Sen and other Public servants, payment of bribe sand illegal gratification to Public servants like all expenses paid pleasure trip to M/s
Sumana Sen costing about Rs. 1.00.00.000/- in April, 2005

(performed during 12th April 2005 to 20th April. 2005 by

British Airways Flights No.-BA 142 and BA 143). criminal

conspiracy, cheating, forgery, fraud, criminal breach of trust by Public ,servants, etc. and do accept the responsibility for my official
communications.

11. Apart from M/s NDTV Ltd., its Directors and past and present employees; Public servants being serving and retired IRS officers,

namely Sri R. Prasad (formerly CCIT, Delhi V and presently Member,

Competition Commission of India), Sri A.K. Handa (formerly CCIT, Delhi V and presently Jncomp Tax Ombudsman), Sri P.K. Mishra and Ms: Sunita Kaila (both former CVOs of CBDT), Sri N.C. Joshi, (formerly CIT(OSD) (Vig) in the O/o CVO, CBDT and presently CCIT in

Mumbai), Ms. Kirari Q. Vasudev (formerly DIT (Vig)y North and

presently CCIT in Mumbai), Sri BPS Bisht (formerly CIT (Vig) in CBDT and presently CIT in Kanpur), Sri N.K. Sangwan (formerly DIT (Vig). North and currently CTT in Mumbai), Sri Prakash Chandra (formerly

CIT, Delhi V), Sri SiS.N. Murthy (formerly Chairman,, CBDT), Ms.

Sumana Sen formerly Assessing Officer of M/s NDTV Ltd.), Sri B.K. ,
Jha, Sri S.S. Rana, Ms. Ashima Neb, Ms. R. Bhama, etc. are directly involved and have unlawfully benefited from the loot and plunder of Public Exchequer and theft and misappropriation of public money by M/s NDTV Ltd. and its accomplice Public servants. 12. As Ms. Sumana Sen and Ms. Ashima Neb, accused of prostitution and other assorted offences before the Court of Ld. CJM,

22

K officers, which may be concocted story to mislead the Court, I may

NOWA are claiming that they have been exonerated by CBI/its

to affirm my official reports on affidavit and can be examined by CBI, if necessary, U/s 164 of Cr.P.C, 1973 before Magistrate/Special
Judge/CBI Court.

documents ofGovt, and can be proved in Court and Iam willing

state, that assertions of Ms. Sumana Sen and Ms. Ashima Neb about their crime and offences and those ofM/s NDTV Ltd. is incorrect and my repprts - to Govt, are borne out by the records and

and plunder of Public Exchequer but has so far not received any
response from the CBI. ,

Sumana Sen, M/s NDTVLtd. and their accomplices and resultant loot

state the whole gamut of crime and offences commuted by >Ms>

level ofJoint Director to examine myself as prosecution witness and

case that was not feasible, with some senior officer preferably at the

13.

I had earlier requested for an audience from Director, CBI or in

9.11998 U/s 120 BIPC r/w 13(2) r/w 13(1) (d) of P.C. Act, 1988

Kind attention is drawn to its Crime No.-RC.2(A)/98 SCU (II) dt

Public servants to facilitate the loot and plunder ofPublic Exchequer

Directors has a history ofoffering bribes and illegal gratification to

14.

It is matter of CBI's own record that M/s NDTV Ltd and its

and M/s NDTV Ltd. &Ors as accused. Copy of the said RC/ FIR 'by
CBI is enclosed for necessary perusal at Flag B.

and substantive offences naming Sri Pronoy Roy, MD, M/s NDTV Ltd

15 It is also matter of record that DGIT (Vig) & CVO, CBDT has falsified the official records and submitted an incorrect and false report to CVC stating that Ms/. Sumana Sen was never Assessing

^/?? employment of her spouse Sri Abhisar Sharma with M/s

Hon ble Delhi High Court in CWP No.-1373 of2011 wherein she has 2ra25w rv"6 ?aSSed ass<ess^rit orders and issued Refunds to M/s NDTV Ltd. and has alsd admitted that she did not intimate the

$CZrt^frS?DTVLt and attended no official work in the case of J u Ju Ltd- havin9 no offidal dealings with that company at all ' which faUs on its face by the affidavit of Ms. Sumana Sen before

facilitating theft pfPublic money and.Public revenue by that company

no action has been taken against Ms. Sumana Sen U/r 4 of CCS

had accepted bribe and illegal gratification from M/s NDTV Ltd for

NDTV Ltd. while she was Assessing Officer of M/s NDTV Ltd and

1 lt%^Ct0rS- Colhon and conspiracy between DGIT Wig) & CVO, CBDT and Ms. Sumana Sen, etc, is evident from the fact that

and CVC One such Charge Sheet issued under advice of CVC for non-intimation ofcertain transaction U/r 18 ofCCS (Conduct) Rules,
1964 is enclosed at Flag C

(Conduct) Rules, 1964 for not intimating the Govt, about her spouse being employee-of M/s NDTV Ltd. when( she was having official dealings unth M/s NDTV Ltd. and passed assessment orders and issued Refunds in the case of that company when on similar facts others^ have been slapped with major penalty proceedings by Govt >

.16

reports about loot of Public Exchequer by corrupt Public servants in lieu of bribe and illegal gratification provided by M/s NDTVLtd. and examine myself as prosecution witness. As provisions of Cr.P:C,

officer preferably at the level of Joint Director to substantiate my

with the Director, CBI or if that is not feasible, with some senior

In the circumstances, I would request for an urgent audience

23

>

1973 apply to Delhi Special Police Establishment Act, 1948, lean be

examined by CBI as prosecution witness in the matter and since, CBI is obligated to consider complete facts and circumstances before
taking any decision either to prosecute the suspect/accused or

closing the case, no harm would visit anyone if CBI considers my above request while in the event of my evidence notgetting examined, by CBI, grave-and irreparable prejudice would be caused to cause of prosecution and guilty/accused would get away from lawful
consequences of their guilt/offences by default.
r

'

17.

As matter is of extreme national importance, I would seek and

2006-07 &2007-08 respectively is enclosed at Flag_D for necessary

assistance and consideration.

request for an eraly consideration of my above request. A brief analysis of income of Sri Abhisar Sharma for the period October, 2003 to October, 2007 i.e. A:Ys. 2004-05, 2005-06, 2006-07, 200708 & 2008-09 relevant for P.Ys./F.Ys. 2003-04, 2004-05, 2005-06,

Yoursfaithfully
End. As above.

(S.K. Srivastava) (IRS 87052),

Commissioner,

O/o CCIT (CCA), Delhi.

' . .'" 9013852825.

Copy endorsed for necessary information and action as may be

appropriate-

1.
2. 3.
4.

Secretary, DOPT, North Block, New Delhi-110001,

JointDirector, ACB DelhiZone, CBI, Delhi, Joint Director, EOZone, CBI, Delhi, Joint Director, Policy Division, CBI, Delhi.
Commissioner,

O/o CCIT (CCA),, Delhi.

24.

That, culpability of M/s NDTV Ltd. is evident from its hysterical efforts to stall telecast of any news pertaining to any inquiry or
investigation that may even remotely lead to M/s NDTV Ltd. and its money laundering acts to appropriate the bribe money received in 2 G Scam so much so that even the complaints made to Hon'ble
Justice (Retd.) J.S. Varma, Chairman, NBSA of NBA has made no-

difference and every single news broadcaster is managed by M/s

NDTV Ltd. to stall telecast ofany news that may in any manner lead to M/s NDTV Ltd. and its having laundered the bribe money in . excess of Rs. 2,000/^ Crores of 2 G Scam belonging to corrupt Public servants and their, accomplices! The letter dt. 5.11.2011 by
applicant to Hon'ble Justice (Retd.) J.S. Varma is as under-

', S.K. Srivastava, IRS.

0/o CCIT (CCA), Delhi.

24

Commissioner ofIncome Tax.

4 -

C.R. Building,
IP- Extension,
New Delhi-110002,

(OSD).
".._'

CRD 11/9, Pandora Park,

New Delhi-110003.

Ph. (0)011-23705836, (R) 011-23075588, . . ' 011-23075599,

9013852825,9868203794.

DO No.-SKS/Personal/2011-12/1
dt. 5.11.2011.

Respected (Hon'ble Justice Varma Sahab),

Sub : Carielized cover up by electronic media of the crime, criminality, offences, loot and plunder of Public Exchequer of M/s NDTV Ltd. and its owners
/ Directors-reg.

With utter amusement, I am watching the raging debate over

the relevance of State control or the lack of that over print and
electronic media, respectively, and views of two imminent jurists,
Press Council ofIndia, etc.

who have graced the highest seat ofjustice in this country over role of
Disgusted and sick over carielized and criminal conduct of

2.

Electronic media in'covering up the crime, criminality, offences, loot

facilitate evasion of lawful taxes due to State, criminal conspiracy, cheating, forgery and fraud, laundering of illegal slush funds of 2 G
Scam through illegal hawala route and fictitious jamakharch entries, theft of secret and confidential records and documents of Govt, through bribe and illegal gratification, procuring secret and confidential records of Govt, illegally for unlawful benefit,, etc. ofM/s

and plunder of Public exchequer, Pubic money and Public revenue, paying bribe and providing illegal gratification to Public servants to

NDTV Ltd., its Directors, employees and accomplice Public servants, I

do seek your gracious indulgence to bring some nauseating and despicable facts on record, to set the record straight and to show the inherent fallacy and the resultant ineffectiveness of "so-called" selfregulation of the Electronic media.

3. M/s NDTV, has historically been accused of paying bribe to Public servants to get, first, illegal and unlawful benefits and then

hush up their crime and criminality. I am enclosing one such FIR registered against M/s rfDTV Ltd. and Sri Pronoy Roy (FIR No.RC.2(A)/98 SCU(II),dt. 9.1. 1998 U/s 120 B IPC r/w 13 {2) r/w

13 (1) \d) ofP.C. Act, 1988 and substantive offences naming Sri

Pronoy Roy, MD, M/s NDTV Ltd. and M/s NDTV Ltd. & Ors as accused), which is only illustrative and not the exhaustive compilation of the crime and criminal activities of M/s NDTV Ltd., to
support my submission herein.

4.

In 2006, while working as Addl. Director in-charge of

Inspection Division of CBDT, entrusted with Preventive Vigilance in Income Tax Deptt., I ran irito an organized syndicate of corrupt &

25

morally depraved IRS officers who have in afew years alone stolen and got stolen, Public revenue and Public money in excess of Rs. 10,000/-Crores and one prominent case was that of M/s NDTV Ltd.,
which has-

a).

Fraudulently evaded about Rs. 2,00/- Crores of lawful taxes

IT. Act, 1961 and had got the matter hushed up by paying bribe and Iflegal gratification to Ms. Sumana Sen, DCIT Circle 13 (1), Delhi and its Assessing Officer under various Direct Taxes {the Estate Duty Act, 1953(34 of 1953), the Wealth-tax

through bogus claims ofadmissible deductions-11/s 80 HHF of

Act, 1957 (27 of 1957), the Expenditure-tax Act, 1957 (29 of 1957), the Gift-tax Act, 1958 (18 of 1958), the Income-tax Act, 1961 (43 of1961), the Super Profits Tax Act, 1963 (14 of1963)r
Act, 1980 (54 of 1980), the Expenditure-tax Act, 1987; and any other duty or tax which,, having regard to its nature, or incidence, may be declared by the Central Govt.}, who incidentally was spouse ofSri Abhisar Sharma, an employee of M/s NDTV Ltd. and who had not intimated the Govt about that
the Interest-tax Act, 1974 (45 of 1974), the Hotel-Receipts Tax

> fact, inspite of mandatory requirements of Rule 4 of CCS (Conduct) Rules, 1964, violation ofwhich entails imposition of
majorpenalty including dismissal from Govt, service.

b).

Embezzled an amount of Rs. 1,46,82,836/- from Public Exchequer in the garb ofRefund ofexcess tax paid through the
Circle 13(1), Delhi and its Assessing Officer.

bribe and illegal gratification paid to Ms. Sumana Sen, DCIT

c). d)

Laundered illegal slush funds in excess ofRs. 2,000/- Crores, most likely part ofbribe money of2G Scam and evaded lawful
taxes in excess ofRs. 1,000/- Crores in that unlawful exercise.

Facilitated theft of secret and confidential records and

documents by Ms. Sumana Sen, DCIT Circle 13 (1), Delhi and its Assessing Officer to further its illegal and unlawful agenda. depraved Public servants to, defraud the Public Exchequer.

e).

Generally conspired and colluded with corrupt and morally

protect M/s NDTV Ltd., so much so that, on 4.6.2009, M/s IBN 7,

5. The crime and criminality, though in Public domain and known to "so-called" Electronic media, has meticulously been hushed up to
which telecast a News item, in its "Danke- Ki Chpt Par" programme

about plunder ofPublic money, immediately withdrew the News from

the air when it realized thatit may lead to the exposure of criminality

ofM/s NDTV Ltd. and its owners and Directors and nothing has been heard from that Channel so far inspite of the fact that till date, no
denial or rebuttal has come from any quarter, not even from the individual officers named by the Channel in the News.
6. On 20.11.2011, at the behest of M/s NDTV Ltd. and its

accomplices like Ms. Sumana Sen (IRS 99005), my Counsel Sri S.K. Gupta, Advocate was offered bribe and woman as consideration to loose my case before the Ld.CAT,PB, Delhi and though about half a
dozen Channels (Aon'Tak, ZEE, Times Now, etc.) covered the incident,

recording even the statements of Sri S.K. Gupta, Advocate and

various office-bearers of CAT Bar Association, PB, Delhi, but once

26

they realized that it involves Ws NDTV Ltd. and Ms. Sumana Sen, W/o Sri Abhisar Sharma, Deputy Editor ofAaj Tak, all the channels

have horribly fallen-silent, lest corruption oj'their own gets reported.

7

interference ofthe process ofadministration ofjustice by some non- ( media person falls conspiratorially silent ifits own interferes with the

The Electronic media that goes berserk when it concerns

very same process ofadministration of Justice. Perhaps, it considers itself above law or for Electronic media there is one set of law, for
rest, there is another.

8.

unlawful conduct ofElectronic media makes no news and must not be reported, whatever be the details ofcrime, criminality and offences committed by that/them. It also cannot be anybody's case, thatElectronic media is above law or is subject to some different law and criminal misdemeanour by Electronic media entities are to be treated
differently. .''

incapable of being corrupt or violator of law or corruption and

It is nobody's case that the so called Electronic media is

your esteemed self has lent its name to the cause of private

9.

As an imminent jurist and former Head ofIndian judiciary like

profit earning capacity, I am, with due humility and full responsibility, constrained to bring the matter to your judicious

broadcasters, whose primary if not only aim is to maximize their

payers' money, to line its own pockets and that of its owners,
Directors and accomplice Public servants.

consideration with the request to graciously examine if so-called Electronic media deserves to be left out of State control and be allowed to function as State within State, furthering and nurturing the crime, criminality, offences and plunder of Public Exchequer/tax

10.
to-

In case, it is considered appropriate, I am willing and am ready

a). b).

affirm my submissions .herein above on affidavit and be

subjected to the test ofjudicial scrutiny,

its accomplice Public servants in general and more notably Sri R. Prasad (formerly CCIT, Delhi V and presently Member, Competition Commission of India), Sri A.K. Honda (formerly
CCIT, Delhi V and presently Income Tax Ombudsman), Sri P.K.
Mishra and Ms. Sunita Kaila (both former CVOs of CBDT), Sri

substantiate the crime and criminality ofM/s NDTV Ltd and

< N.C. Joshi,. (formerly CIT (OSD) (Vig) in the O/o CVO, CBDT and presently CCIT in Mumbai), Ms. Kiran O. Vasudev (formerly DIT (Vig), North and presently CCIT in Mumbai), Sri BPS Bisht Mumbai), Sri Prakash Chandra (formerly CIT, Delhi V), Sri S.S.N. Murthy (formerly Chairman, CBDT), Ms. Sumana Sen formerly Assessing Officer ofM/s NDTV Ltd.), Sri B.K. Jha, Sri
S.S. Rana, Ms. Ashima Neb, Ms. R. Bhama, etc., {

(formerly CIT (Vig) in CBDT and presently CIT in Kanpur), Sri N.K. Sangwan (formerly DTT (Vig) Worth and currently CIT in

c).

Members'of M/s NBA in covering up the crime and criminality

ofM/s NDTV Ltd. and itsaccomplice Public servants,

substantiate the duplicity and fraudulent conduct of various

27

d)

Public money by M/s NDTV Ltd. and its accomplice Public

servants.
i. *

substantiate the loot and plunder of Public Exchequer and

With (kind regards) l -.
, Yours (sincerely)

(S.K. Srivastava)
Hon'ble Justice (Retd.) J.S. Verma,
Chairman,

News Broadcasting Standards Authority, NBA Secretariat, 101-103, Paramount Tower

C-17i Community Centre,

Janakpuri, New Delhi-110058.

25.

That, applicant humbly states that inspite of lapse of suffipient

time, no response has been' received from News Broadcasters Association (NBA) and its affiliate News Broadcasting Standards

Authority (NBSA) and NBA and NB.SA are acting as accomplice of M/s NDTV Ltd. and its criminal activities zealously guarding and ensuring that no news about any matter that may lead to scrutiny. of M/s NDTV Ltd. and its affairs is allowed to be telecast, so much
so that attempt of Sri B.K. Jha, DIT (HRD), Ms. Sumana Sen and
Ms. Ashima Neb on 20.10.2011 to pay bribe and provide women

(Ms. Sumana Sen and Ms. Ashima Neb) and sexual gratification (by
Ms. Sumana Sen and Ms. Ashima Neb) to Counsel of applicant as

consideration to loose his case of transfer to Ranchi pending before

Ld. CAT, Principle Bench, Delhi was not telecast by any of Channels though several of them had interviewed the concerned
Counsel and other witnesses present on the spot but none of them have been allowed o telecast those recordings through nauseating
influence of M/ s NDTV Ltd. on NBA and NBSA.

26.

That, culpability of M/s NDTV Ltd. is from the understandable

conduct of News Channel IBN 7 on 4.6.2009, M/s IBN/7, which telecast a News item in its "Danke Ki Chot Par" prograriime about

plunder of Public money, immediately withdrew the News from the

air when it realized that it may lead to the exposure of criminality of

M/s NDTV Ltd. and its owners and Directors and nothing has been
i heard from that Channel so far inspite of the fact that till date, no
denial or rebuttal has come from any quarter, not even from the
individual officers named by the Channel in the News.

28

27.

That, the Electronic media that goes berserk when it concerns

interference ofihe process ofadministration ofjustice by some non-

media person is conspiratorially silent in the matter of crime and

criminality by M/s NDTV Ltd, and interferences witri the very same
process ofadministration ofJustice. _

28.

That, it is nobody's case that Electronic media is incapable of being

corrupt or, violator of law or corruption and unlawful conduct of

Electronic media makes no news and must not be reported, whatever be the details ofcrime, criminality and offences committed

by that/them. It also cannot be anybody's^ case that Electronic

media is above law or is subject to some different law and criminal misdemeanour by Electronic media entities like M/s NDTV Ltd. and

its inculpable accomplices like Ms. Sumana Sen, Ms. Ashima Neb,
Sri Abhisar Sharma, etc. are to be treated differently.

29.

'

That, so far, in the case of 2 G Scam investigation, only the lapses ' committed by Public servants has been brought out by the CBI and
the consideration for those lapses are yet to be found out. It is

requirement of law that Public servant must be shown to have

received something that is not his lawful remuneration for doing

something or not something and without that, and the case of prosecution will certainly be. weaker as incompetence cannot be
construed to be misconduct. Investigation into illegal enrichment of

M/s NDTV Ltd. during the period 2006-10 and its having bribed
Ms. Sumana Sen, its Assessing Officer and other assorted offences would reveal, the-missing link in 2 G Scam, as applicant has reasonable assessment that money laundered by M/s NDTV Ltd.

was part of 2 G Scam received by some influential Public servant, to

: protect whom Sri P. Chidambaram, Hon'ble Finance Minister (the then) acted illegally and unlawfully to persecute the applicant and thereby prevent any inquiry in the affairs of M/s NDTV Ltd. and it is
because of the pre-imminent position of Sri P. Chidambaram as Hon'ble Minister of Home Affairs and thus Cadre Controlling

Authority ofIPS that, CBI is unable to act and proceed against M/s
NDTV Ltd. when it has acted against the same accused earlier in
1999. The only difference being diabolical influence of Sri P.

Chidambaram, which was not there earlier when CBI registered FIR

against M/s NDTV Ltd. and Sri Pronoy Roy [FIR No.-RC.2(A)/98

29

l- SCUffl, dt. 9.1. 1998 U/s 120 B D?C r/w 13 (2) r/w 13(1) (d) of
PC Act, 1988 and substantive offences naming Sri Pronoy

Roy, MD,M/sNDTV Ltd. andM/s NDTV Ltd. &Ors as accused), investigated the case and filed report U/s 173 of Cr.P.C, 1973 in
the matter of far smaller amount of bribe, etc.
>

30;

That, applicant submits that examination of applicarif by this

Hon'ble court would strengthen the case of Prosecution and bring to

justice far more serious crime and accused, and avers that he
would be able to prove his submissions hereinabove with official.,
records and documents that may be permitted to be summoned by

this Hon'ble Court after,which matter can be investigated by either

this Hon'ble Court or by CBI, as may be the case.

31.

That, applicant submits that he may prove his averments about crime and criminality of M/s NDTV Ltd., its Directors, owners and

employees arid associates and its involvement in 2 G Scam through laundering of bribe money in excess, of Rs. 2,000/- Crores in the garb of fictitious Share contribution/subscription and through illegal hawala entries by paying bribe and providing illegal gratification which are part of the bribe received by Public servants
in 2 G Scam in collusion and concert with Sri P. Chidambaram^ and other Public servants like Ms. Sumana Sen and Ms. Ashima Neb,

etc. can be proved by summoning of relevant records from various Govt, offices and seizing the same from private persons, which applicant has no competence or authority to do on his own and for which he would pray to this Hon'ble Court. It is submitted that

applicant has collected some basic records within the permissible

legal framework which prima make out the culpability of M/s NDTV Ltd., its owners, Directors and employees, its subsidiaries and
Directors and employees of those companies, culpable Public
servants like Ms. Sumana Sen Ms. Ashima Neb, Sri P.K. Mishra, Sri

A.K. Handa, Sri R. Prasad, Sri R.R. Singh, Ms. R. Bhama, Ms.
Sunita Kaila, Sri N.C Joshi, Sri Prakash Chandra, Sri S.S.'N.

Murthy, Sri B.K. Jha, Sri S.S. Rana, etc. and also that of Sri P. Chidambaram and though those documents are not yet proved, applicant would seek the gracious permission of this Hon'ble Court to rely upon those records and documents while examining, him
before this Hon'ble Court and which can be proved by comparing

30

'''

with their respective original when summoned by this Hon'ble Court from its lawful custodian. Applicant states that he may submit the
list of relevant-documents and records required and necessary to be

summoned by this Hon'ble court in course of his examination and

would for the gracious indulgence of the Court.

32.

That, in the facts and circumstances of the case, applicant seeks the gracious indulgence of this Hon'ble Court to invoke its benign

jurisdiction' U/s 319 of Cr.P.C, 1973 read with Section 311 .of
Cr.P.C, 1973 and permit the applicant to examine him as

prosecution witness and in support of and to augment the case of prosecution against remaining accused who are not yet accounted
for by the prosecuting agency and humbly prays for that.
PRAYER

1.
1

It is, in the above facts and circumstance, respectfully prayed

that this Hon'ble Court may graciously be pleased to assume

jurisdiction U/s 319 of Cr.P.C. 1973 read with Section 311 of

Cr.P.C, 1973 and examine the applicant in attendance before
this Hon'ble Court as prosecution witness and proceed

against M/s NDTV Ltd., its Directors and owners, its

employees,' its accomplice Public servants like Ms. Sumana

Sen'(IRS 99005), etc. and more notably Sri R. Prasad (formerly
CCIT, Delhi V and presently Member, Competition Commission

of India), SriA.K. Honda (formerly CCIT, Delhi V and presently

Income Tax Ombudsman), Sri P.K. Mishra and Ms. Sunita Kaila

(bothformer CVOs of CBDT), Sri NC. Joshi, (formerly CIT (OSD)

(Vig) in the O/o CVO, CBDT and presently CCIT in Mumbai),

Ms. Kiran O. Vasudev (formerly DTT (Vig), North and presently

CCIT in Mumbai), Sri BPS Bisht (formerly CIT (Vig) in CBDT and
presently CIT in KOnpur), Sri N.K. Sangwan (formerly DIT (Vig)
North and currently CIT in Mumbai), Sri Prakash Chandra (formerly CIT, Delhi V), Sri S.S.N. Murthy (formerly Chairman,
CBDT), Ms. Sumana Sen formerly Assessing Officer of M/s

NDTV Ltd.), Sri B.K. Jha, Sri S.S. Rana, Ms. Ashima Neb, Ms. R. Bhamg., Ms. M.H. Kherawala, Sri Pankaj Gupta, etc., and
any other person who may be involved in laundering and

appropriation Of bribe money in excess of Rs. 2,000/- Crores

.31.
by M/s NDTV Ltd., its subsidiaries {M/s NDTV Network Pic.

U.K. and M/s NDTV Network BV, Holland (being 100 % owned, subsidiaries of M/s NDTV Ltd.) and
I
b

5 Indian

companies, M/s NDTV Imagine Ltd., M/s NDTV Life style Ltd., M/s NDTV Labs Ltd., M/s NDTV Convergence Ltd, and
M/s NDTV Media Services Ltd., (again 100 % owned

subsidiaries of M/s NDTV Ltd., since merged with M/s NDTV

Ltd. to complete the money laundering exercise)}, its Directors,

owners and employees and that of its subsidiaries, received ,

by Public servants in 2 G Scam and Sri P. Chidambaram,

formerly Hon'ble Finance Minister', Union of India in the

matter of laundering of illegal bribe money in excess of Rs.

2,000/- Crores received by Public servants in 2 G Scam and
other crime and offences related to that offences under

various -acts and law, more notably The Prevention of Corruption Act, 1988, the IPC, 1860, the Cr.P.C, 1973, The

Official Secrets Act, 1923 & The ImmOral Traffic (Prevention)

Act, 1956 and thereby plundering the Public Exchequer of lawful tax revenue in excess of Rs. 1,200/- Crores and

embezzling an amount of Rs. 1,46,82,836/- in the garb of I.T.

Refund by forgery and fraud committed by Ms. Sumana Sen

and her accomplices and covered up by Sri P. Chidambaram,

. formerly Hon'ble Finance Minister, Union of India.

2.

Pass any other and further orders1 that may be necessary and
appropriate in the facts and circumstances of the case.

New Delhi Dt. 24,11.2011-

S.K. Srivastava, IRS,

Commissioner of Income Tax,

(OSD), Delhi,

C/o CCIT (CCA), Delhi, C.R. Building, I.P. Estate,

New Delhi-l 10002.

Applicant/Complainant
Through

Harihar Pratap Singh, Adv.

S.K. Gupta, Adv.. 405, Lawyers Chambers, Patiala House Court,
New Delhi- 110001

IN THE COURT OF HON'BLE SRI O.P. SAINI, LD. SPECIAL JUDGE, CBI COURT,
PATIALA HOUSE COURT, DELHI.
CC NO.-1/2011

RC/45-A/2009/CBI/ACB
New Delhi

U/s P.C. Act, 1988.

NDOH 15.11.2011

IN THE MATTER OF :

CBI

Complainant
Vs.

A Raja & Ors...Respondents

AN APPLICATION U/S 319 OF Cr. P.C. 1973 READ WITH

SECTION 311 OF Cr.P.C,

1973 FOR EXAMINATION OF

APPLICANT IN ATTENDANCE BEFORE THIS HON'BLE COURT

IN THE MATTER OF RECEIPT & LAUNDERING OF BRIBE

MONEY OF 2 G SCAM IN EXCESS OF Rs. 2,000/- CRORES BY

M/S NDTV LTD. THROUGH ILLEGAL HAWALA ROUTE AND
FICTITIOUS JAMAKHARCH ENTRIES AS SHARE

CAPITAL/CONTRIBUTION OF SUBSIDIRIES OF M/S NDTV

LTD. HUSHED UP THROUGH BRIBE AND ILLEGAL

GRATIFICATION PAID TO CORRUPT GOVT. OFFICERS LIKE

MS. SUMANA SEN (IRS 99005) & TO PROCEED AGAINST

DIRECTORS, OWNERS & EMPLOYEES OF M/S NDTV LTD.

AND ACCOMPLICE PUBLIC SERVANTS FOR OFFENCES

UNDER THE PC. ACT, 1988, IPC, 1860, THE IT (P) ACT,
1956, THE O.S. ACT, 1923 AND OTHER LAW FOR WHICH
THEY ARE TO BE TRIED WITH OTHER ACCUSED BEING
TRIED IN 2 G SCAM BEFORE THIS HON'BLE COURT.

MOST RESPECTFULLY SHOWETH:

That, the applicant is a citizen of India and is an officer of 1987

Batch of Indian Revenue Service (IRS) working as Commissioner of

Income Tax in Delhi though under orders of transfer to Ranchi and

is competent to invoke the jurisdiction of this Hon'ble Court U/s

319 86 311 of Cr.P.C. 1973 to get himself examined by this Hon'ble
Court in the matter of crime and offences committed in the case of 2