NEW DELHI: While IAS officer Sanjiv Kumar was hailed as the "whistle-blower" of the Junior Basic Trained (JBT) teachers' recruitment scam, the special CBI court refused to show any leniency in his sentencing on the grounds that he was not entirely honest with the court.
Kumar, the erstwhile director of primary education in Haryana, had initially exposed the scam with a plea in the SC but was also found to be involved in the scam during the probe. In its order, Special CBI Judge Vinod Kumar said, "What troubled me was to decide the question of sentencing Sanjiv Kumar. I have held him to be a 'whistle-blower'. There is no law present to protect the whistle-blowers. Had Sanjiv Kumar not taken the step to approach the SC and had he not produced the second set of award lists, this scam would not have come to light," the court said.
"The dilemma before this court in deciding the question of sentence is on account of the simple reason that sentencing such a person may send a wrong message that a whistle-blower is not appreciated by law, rather, he is put to trial and tribulation," the court said making legal suggestions on protection of whistle-blowers.
"Law welcomes whistle-blowers if the whistle-blower is innocent, and was only a victim of circumstances, he must be cited as prosecution witness. If the whistle-blower had a minor role in the commission of the offence or in the conspiracy for the commission of such offences, the courts should come forward to his rescue and in appropriate cases should not hesitate to make him 'approver'," it said.
The court suggested "if the whistle-blower had a major role in commission of such offences, he must come up with complete facts before the officer and during trial he must testify on oath at the stage of defence evidence and should disclose the truth, the whole truth and nothing but the truth during trial."
Whistle-blower not entirely honest: Court
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Whistle-blower not entirely honest: Court
