The Central Bureau of Investigation rejected the allegation that its officials were behind the leak of Ajmer Dargah blast accused Swami Aseemanand's confessional statement and sought to put the blame on a journalist.
The agency said "it has not been caused by the act of any CBI official." In a report submitted to Additional Chief Metropolitan Magistrate Sanjay Bansal, the CBI however admitted Aseemanand's confessional statement had been leaked.
"It has been established that leakage of the confessional statement of Swami Aseemanand has not been caused by the act of any of the officials of CBI," the agency said in its 2-page report filed before the court in a sealed cover. The agency sought to put the blame on journalist Ashish Khaitan saying "he got the confessional statement published. Khaitan has stated that he had obtained a copy of the confessional statement from one of his advocate sources. He, however, has refused to divulge the particulars of this source during the inquiry," the agency told the court.
The CBI filed its report in the court which had on February 15, said that its report on the leakage was incomplete and directed it to file it afresh. During the hearing, the CBI prosecutor opposed the claims made by Rashtriya Swayamsevak Sangh functionary Devendra Gupta, arrested for his role in Ajmer dargah blast case, that it had leaked Swami Aseemanad's statement to the media. The CBI also alleged the complainant (Gupta) is "politicising the matter" and his complaint is "motivated".
The probe agency said he has filed the complaint only to obstruct smooth probe into the case. Advocate Anupam Sharma, appearing for Gupta, submitted his client should be provided the copy of the report filed by the CBI. "We should know what the CBI has to say in the case," he said. The CBI, however, opposed his submissions saying Gupta has no locus standi in the case and the report is only about the investigation being carried out by it.
The court listed the matter for further hearing on March 19. The court had earlier asked the CBI director to file a complete report on the leakage. The order had been passed on an application by Gupta seeking registration of an FIR against the CBI and Tehelka magazine under various penal provisions for the "deliberate" leakage of Aseemanand's confessional statement.
The confession was recorded in Delhi by a metropolitan magistrate on December 18, 2010 in an in-camera proceeding. Gupta had filed the application on January 31, seeking registration of the FIR saying the leakage of the confessional statement was "deliberate, intentional and malicious with the sinister motive to insult and interrupt the judicial proceedings."
Gupta, against whom a chargesheet has been filed by Rajasthan's Anti-Terrorist Squad (ATS), is now lodged at Ajmer central jail Gupta had said Aseemanand's confessional statement was leaked by CBI to Tehelka magazine in violation of the law.
The Rajasthan ATS had arrested Gupta from Ajmer and Chandrashekhar and Lokesh from Madhya Pradesh last year. It later arrested two more suspects -- Harshad Solanki, who was also allegedly involved in Best Bakery case of Vadodara and is absconding since 2004, and Mukesh Vasani -- from Gujarat.
The blast in the premises of the dargah of Khawaja Moinuddin Chishti in 2007 left three persons dead and 15 others injured.
Aseemanand, prime accused in Hyderabad's Mecca Masjid blast case, had in his recent confessional statement said he and several other Sangh activists had a direct role in Malegaon, Samjhauta Express, Ajmer and Mecca blasts.