I N THE COURT OF LD. ADDL.SESSI ONS J UDGE MRS.

SAVI TA RAO
TI S HAZARI COURTS, DELHI

1
CBI V/S ABHISHEK VERMA & OTHERS

FIR: RC-AC1-2012-A0012
u/s Official Secrets Act r/w 120B
P.S: CBI (AC-1 branch)


1. That, the Applicant is an Accused in the abovementioned
case of the CBI u/s Official Secrets Act, the chargesheet in
which was filed on 30.11.2012 in the Court of Ld.Chief
Metropolitan Magistrate, Tis Hazari Courts, Delhi.
APPLICATION TO INITIATE CONTEMPT OF COURT
PROCEEDINGS AGAINST SHRI RAJIV MOHAN ADDITIONAL
PUBLIC PROSECUTOR FOR PROFESSIONAL MISCONDUCT
AND FOR INTENTIONALLY MISLEADING THIS HONBLE COURT.

Your Honour,


2. That, the above mentioned case was committed to this
Honble Court for trial by the Ld. Chief Metropolitan
Magistrate in May 2013.

3. That, the Applicant had obtained by RTI the sanction letter
dated 5
th
December 2012, reference number
F.8/470/2012/HP-II/7183 of the Competent Authority,
assigning the aforesaid case u/s Official Secrets Act to Shri
Rajiv Mohan by the Deputy Secretary (Home), Government
of NCT of Delhi (Home Police-II Dept, C Wing, Level 5, Delhi
2
Secretariat, New Delhi), copy of the letter is attached as
Annexure-A (colly).

4. That, the sanction in favor of Shri Rajiv Mohan, Additional
Public Prosecutor issued by the Competent Authority of the
Govt of NCT of Delhi was valid specifically for trial of the
aforementioned case (RC-AC-1-2012-A0012) only in the
court of Chief Metropolitan Magistrate, Tis Hazari Courts,
Delhi as the text letter clearly states that:

Please refer to your letter No. CBI ID 2194 dated 03.09.2012
on the subject cited above. I am directed to convey the
approval of the Competent Authority for assigning the case
RC-AC1-2012-A0012 dated 28.08.2012 registered by the
Central Bureau of Investigation to Shri Rajiv Mohan,
Additional Public Prosecutor to conduct the trial of these
cases on behalf of the Central Bureau of Investigation in the
court of Chief Metropolitan Magistrate, Tis Hazari Courts,
Delhi.

5. That, Ld.CMM was pleased to commit the case for trial in this
Honble Court in May 2013. Subsequently, the specific
permission granted to Shri Rajiv Mohan deemed to have
expired and a fresh sanction of the Competent Authority
should have been taken from Home Department Govt of NCT
of Delhi by Shri Rajiv Mohan.

3
6. Shri Rajiv Mohan appeared on several occasions in this
Honble Court as Additional Public Prosecutor on behalf of
the CBI and his presence was marked on several order
sheets as SPP for CBI - even though he had no
authorization of the Competent Authority to do so.

Therefore, Shri Mohan purposely suppressed this fact from
this Honble Court that he is appearing without authorization
of Competent Authority and intentionally & dishonestly misled
the Honble Court to gain pecuniary advantage in terms of
hefty fees he is billing the CBI on per appearance basis (In
excess of Rs.5,000 per appearance in trial court), thereby
committing fraud, deceit and professional misconduct and
contempt of court.

7. That, It is professional misconduct for a lawyer to:
i. violate or attempt to violate the Rules of Professional
Conduct, knowingly assist or induce another to do so, or
do so through the acts of another;
ii. commit a criminal act that reflects adversely on the
lawyers honestly, trustworthiness or fitness as a lawyer in
other respects;
iii. engage in conduct involving dishonesty, fraud, deceit or
misrepresentation;
iv. engage in conduct that is prejudicial to the administration
of justice;
4
v. state or imply an ability to influence improperly a
government agency or official or to achieve results by
means that violate the Rules of Professional Conduct or
other law; or
vi. knowingly assist a judge or judicial officer in conduct that
is a violation of applicable rules of judicial conduct or
other law.

8. In this instant case, Shri Rajiv Mohan engaged in conduct
involving dishonesty, fraud, deceit or misrepresentation. Such
conduct of Shri Rajiv Mohan is deplorable and he should be
liable for initiation of contempt of court proceedings as well as
debarring him from appearing in the aforementioned case of
the CBI besides notifying the Bar Council to initiate
debarment proceedings against Shri Rajiv Mohan under
Advocates Act.

9. That, it is not the first instance that Shri Rajiv Mohan has
engaged in deceit and fraud. Earlier this year, the Court of
Ld.ASJ Shri P.K.J ain, Tis Hazari Courts was pleased to pass
strictures against Shri Mohan for engaging in unethical
practices, misconduct and misguiding the judicial officer in
the murder trial of the case titled Hitender S/o Laxman.
5

10. That, if Shri Rajiv Mohan is allowed to continue
unchecked with such unethical practices it shall set a bad
precedent and shall cause serious miscarriage of justice to
the Applicant/Accused persons directly affected and others
who may be indirectly affected.

i. Contempt of Court proceedings may be initiated against Shri
Rajiv Mohan, Additional Public Prosecutor.
PRAYER
ii. Shri Rajiv Mohan should be barred from participating in the
trial of the above mentioned case of the CBI with immediate
effect.
iii. The Director CBI may be informed about the misconduct of
Shri Rajiv Mohan, Additional Public Prosecutor.
iv. Bar Council may be intimated about the misconduct of Shri
Rajiv Mohan, Additional Public Prosecutor in order for the
council to initiate necessary action under Advocates Act.

6
v. The Dept of Home (Police-II), Govt of NCT of Delhi may be
informed about the misconduct of Shri Rajiv Mohan in order
for the department to initiate necessary action against him.
Applicant


Abhishek Verma
Tihar J ail#4
New Delhi 110064

Through

Pankaj Baghla / Gaurav Chandhok
Advocates
Chamber 55, Patiala House Courts
New Delhi 110001


Date: 19
th
Place:New Delhi

August 2013
RTI TO DEPARTMENT OF PROSECUTION REGARDING SHRI RAJIV MOHAN
ADDITIONAL PUBLIC PROSECUTOR

EXPLANATION OF DOCUMENTS (ATTACHED)
19
th
August 2013



DOCUMENT Nr. 1
RTI questionnaire sent by Abhishek Verma on 20
th
of May 2013, through Tihar Jail post to Dept
of Prosecution seeking information regarding Shri Rajiv Mohan. Question nr. 4(b) was
specifically regarding CBI case u/s Official Secrets Act (FIR# RC-AC1-2012-A0012).



Reply received from Department of Prosecution dated 20
th
June 2013, sent to Abhishek Verma,
received through Tihar Jail, in response to the above mentioned RTI application, wherein partial
information was provided. However, information regarding question nr.4 of the original RTI was
to be supplied on payment of additional fees for copying, which was subsequently paid to the
Department of Prosecution.
DOCUMENT Nr. 2:


Upon payment of the requisite fees, the Dept of Prosecution on the 14
th
of August 2013 in
continuation of their letter dated 20
th
June 2013, sent an additional RTI response alongwith
documents to Abhishek Verma, received through Tihar Jail enclosing the photocopy of the
sanction letter from Home Dept to the CBI Special Director in regards Shri Rajiv Mohan
authorizing him to conduct the trial of case u/s Official Secrets Act (RC-AC1-2012-A0012) in the
Court of Chief Metropolitan Magistrate, Tis Hazari Courts, New Delhi.
DOCUMENT Nr.3:

Abhishek Verma

Farmhouse# 2, Church Road, Vasant Kunj, New Delhi 110070 * Tel# 011-26138277 * Fax# +91-11-26138377 Page 1

The CPIO
Directorate of Prosecution
Government of NCT of Delhi
Tis Hazari Courts
Delhi

Date: May 20, 2013
Ref: RTI/135/AV/TJ/13
1. How many court appearances Shri Rajiv Mohan Special Public Prosecutor has
put in the case of the CBI (case# RC-AC1-2012-A0012) u/s Official Secrets Act
listed in Tis Hazari Court, from September 2012 till May 20, 2013.
RTI Application
Sir,
Please provide the following information and documents to the Applicant (undersigned) under
RTI Act, 2005. Processing fees of Rs.10/- is attached herewith in the form of a postal order.
2. How many court appearances Shri Rajiv Mohan Special Public Prosecutor has
put in the case of the CBI (case# RC-2A-ACU-IX/2006 titled Navy War Room
Leak case) in various courts in Delhi from February 2006 till May 20, 2013.
3. Does Shri Rajiv Mohan file his annual statement of assets and liabilities with the
concerned authorities? If so, please provide a copy of the same for the financial
years 2006 till 2013.
4. Please provide photocopies of the internal note sheets in regards selection &
appointment of Shri Rajiv Mohan as the Special Public Prosecutor for the
following cases and copies of appointment letters / mandate issued to him by
the Department of Prosecution / CBI:
a. Navy War Room Leak case in 2006 as per serial (2) above.
b. Official Secrets Act case in 2012 as per serial (1) above.
c. Geetika Sharma suicide case of Delhi Police against accused Gopal
Kanda & Aruna Chadha?
5. A copy of educational and professional qualifications of Shri Rajiv Mohan may
please be provided.
6. How many other Special Public Prosecutors does Directorate of Prosecution have
on its panel?
7. How many Special Public Prosecutors are representing the CBI in all the cases of
Official Secrets Act in various courts of Delhi, please provide a tabulated chart
with full details.
8. Please provide details of any criminal or civil cases or departmental enquiries
being faced by Shri Rajiv Mohan.
Kindly provide the above mentioned information at my jail address within 30 days as stipulated
in the RTI Act.
Yours truly,


Abhishek Verma
Jail# 4, Tihar Prisons
New Delhi 110064

Enclosed: Postal Order of Rs.10/-

DOCUMENT NR.1
DOCUMENT
NR. 2
DOCUMENT NR.2
DOCUMENT NR.2
OFFICE OF THE PUPBLIC INFORMATION OFFICER: DELHI
DIRECTORATE OF PROSECTUION: DELHI
GOVT. OF N.C.T. OF DELHI: TIS HAZARI COURTS: DELHI
F.No. ID No.3305/RTI-05/DOP/ :1tJ 3)..
Dated: f l( ,g . I
To,
Shri Abhishek Verma,
Jail No.4, Tihar Prisons,
New Delhi-ll0064.
Sub: Furnishing of documents under Right to Information Act-2005.
Tn . c0ptinuation of this office letter _QC even number dated
20.06.2013, for furnishing information under Right to Information Act-
2005, please find enclosed herewith relevant documents containing
photocopy of 04 pages, out of which letter from Joint Commissioner of
Police . to Pr.Secretary (Home) in Geetika Murder Case,(01 page)
letter of Dy. Secretary (Home), Govt. of NCT of Delhi to Special
Director, CBI lI1 case R.C.No AC-l/2012-A-0012,(Ol page)
Notification of Home Department, in case RC 2(A)/2006-ACU-IX/CBI
(02 pages) . As regards to internal noting, the same is not available
with the department and may be obtained from concerned department.
Enel. as above.
( Balbir Singh)
Pu.blic Iilformation Officer,
Asstt . . Public Prosecutor,
DOCUMENT NR. 3
..-..;Jrr-o-' U{..(A...
c. A c. I '),.0 l'to A G1)
F.8i 470/2012/HP-1i
Go"t. of National Capital Territory of Delhi
Home Police-II Department, 'e' Wing, Level-5
Delhi Secretariat, LP. Estate, New Delhi-110002.
To
The Special Director, CBI
Central Bureau of Investigation
11th Floor, Envelope:B-5
Lodhi Road, New Delhi-11 0003.
Dated:
------
Sub:- Appointment of Shri Rajiv Mohan, Additional Public Prosecutor to
conduct the case RC AC1 2012 A0012 dated 28.08.2012, on behalf of
the Central Bureau of Investi gation.
Sir,
Please refer to your letter No: CBI 10 2194 dated 03.09.2012, on the
subject cited above. I am directed to convey the approval of the Competent
Authority for assigning case RC AC 1 2012 A0012 dated 28.08.2012 registered
by the Central Bureau of to Shri Rajiv Mohan, Additional Public
Prosecutor,to conduct the trial of [hes,:.; caes on behalf of Central Bureau of
in the court of Chief Metropolitan Magistrate, Tis Hazari Courts,
\ u,'"""1 -----nelhi.
Yours faithfully,
DEPUTY SECRETARY (HOME)
F.8/470/2012/HP-II 7 , ? Dat
c-,.j 0 r '""
. . ", \;.I I C\ . 0 !
""'-
Copy to:
A. The Director of Prosecution, Govt of NeT of Delhi, Tis Hazari, Delhi.
2. Shri Rajiv Mohan, Add!. P.P. through Director of Prosecution, Tis Hazari,
Delhi.
'''1' 'l--
'12/ DEPUTY SECRETARY (HOME)
i
DOCUMENT NR.3
DOCUMENT
NR.3
DOCUMENT NR.3