Kamal Ghorui
NEW DELHI: For decades, the SC has lamented the erosion of public faith in judiciary because of the slow pace of justice delivery, especially for common citizens. This week, it closed a corruption case that had dragged on for nearly 32 years – six years in trial court, 14 years in HC and 11 years in SC, reports Dhananjay Mahapatra. The case related to the alleged siphoning of 400 cement bags meant for the public works division at Aurangabad on March 24, 1994. The trial court convicted the accused six years later on Apr 3, 2000. To concur with the trial court’s decision, the Bombay HC took more than 14 years.On appeal, the case remained pending for a decade in the SC before getting listed for final hearing before a bench of Justices B V Nagarathna and R Mahadevan, which reserved the verdict on Aug 21 last year. On Friday, after nearly six months, Justice Mahadevan pronounced the judgment acquitting the accused.Justice Mahadevan said, “Both the trial court and the high court held that the appellants (accused) failed to furnish any satisfactory explanation or documentary justification for such possession (of cement bags). These findings are essentially factual and are supported by the evidence on record.” Despite the evidence against the accused, the bench of Justices Nagarathna and Mahadevan acquitted the accused saying the prosecution charged them under provisions of Essential Commodities Act when on the date of siphoning off cement, it was not a commodity covered under that law.“That said, this was a case where the investigating agency ought to have invoked appropriate provisions of the Indian Penal Code, having regard to the nature of the allegations and the evidence collected,” it said and acquitted the accused saying, “The lapse, therefore, lies squarely at the door of the investigating agency.”
