Photo Courtesy: nenow
Guwahati: Abdul Wahed and Jayanta Gogoi filed a formal protest petition before the Special Judge, CBI court in Guwahati, on Thursday. They want to stop the CBI from closing the books on the Louis Berger bribery scandal. The agency submitted a closure report on May 12, 2026. It claimed there was no prosecutable evidence to move forward. The complainants disagree.
Advocates Santanu Borthakur and Krishna Gogoi argued the CBI report is premature and legally flawed. The agency failed to exhaust its investigative options. A key piece of evidence remains missing. The CBI sent a Letter Rogatory to the United States on April 24, 2016. It sought records and interviews with six people, including James McClung and FBI personnel. The document was never executed. The petitioners argued the agency cannot claim a lack of evidence after failing to finish the formal collection process.
The objection also attacked the scope of the inquiry. The CBI looked at the procurement process for the JICA-funded South Central and North Guwahati Drinking Water Supply Project. It checked bank accounts of subcontractors for direct payments to officials. The complainants said this approach is deficient. Kickbacks usually move through offshore conduits or intermediaries. They pointed to an internal report by law firm Baker and McKenzie LLP. That report found circumstantial evidence of payments to Assam officials between 2009 and 2013. The petitioners also cited an August 17, 2010, email between Prasana Shah and James McClung. They contend these leads require deeper forensic work.
The case started in July 2015 after an FIR at Dispur Police Station alleged Louis Berger paid Rs 6 crore in bribes for project contracts. The Gauhati High Court ordered the CBI to take the case from the Assam CID on September 1, 2017. Dy. SP Ankit Meena filed the final report citing no evidence. The petitioners told the court: "The CBI's decision to close the case is premature, legally flawed, and failed to exhaust vital investigative avenues." They asked the court to reject the report and order a full investigation. They also offered an alternative. The court could take cognizance of the offenses under Section 210 of the Bharatiya Nagarik Suraksha Sanhita and start a trial.
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