Today, corruption in our country
not only poses a grave danger to the
concept of constitutional governance,
it also threatens the very foundation
of Indian democracy and the Rule of
Law. The magnitude of corruption in
our public life is incompatible with
the concept of a socialist, secular
democratic republic. It cannot be
disputed that where corruption
begins, all rights end. Corruption
devalues human rights, chokes
development and undermines justice,
liberty, equality, fraternity which are
the core values in our preambular
vision. Therefore, the duty of the
Court is that any anticorruption law
has to interpreted and worked out in
such a fashion as to strengthen the
fight against corruption. That is to
say in a situation where two
constructions are eminently
reasonable, the Court has to accept
the one that seeks to eradicate
corruption to the one which seeks to
perpetuate it.
ORDER ON SENTENCE:
(C.B.I. Vs. Bangaru Laxman)
Dated : 28th April2012
: IN THE COURT OF SH. KANWAL JEET ARORA :
SPECIAL JUDGE : C.B.I. (P.C.ACT)
DWARKA COURT COMPLEX, NEW DELHI.
Under sec. : 9 of Prevention of
Corruption Act, 1988.
In the matter of:
CBI VS. BANGARU LAXMAN
ORDER ON SENTENCE :
1. Character or class is not made in crisis,
rather it is exhibited. It is the erosion of the moral character
of individuals in particular and society in general and lack of
national interest, which has led to the large scale corruption
adversely affecting the social, spiritual, political, economical,
educational and moral values of our nation.
2. The wisdom in the say “Crime never pays”
is belied by the factual realities of today. The crime scenario
in our country is distressingly disturbing, as it has shattered
hopes of both the plebeian and intellectual society about the
possible rejuvenation of a value based society.
3. The problem of largescale and rampant
corruption, more particularly, the political corruption is
weakening the political body and damaging the supreme
importance of law governing the society.
4. Present case of “political corruption”
involves Bangaru Laxman, the convict herein, who at the
relevant point of time was President of a political party which
was the largest constituent of the then NDA Government. He
was convicted vide my judgement dated 27
th
April 2012.
5. I have heard Dr.Padmini Singh, Ld.Special
Public Prosecutor for CBI and Sh.Sunil Kumar, Ld. Senior
Advocate for the convict on point of sentence. I have also
heard the convict on the quantum of sentence.
6. Ld.Special PP for CBI relying upon the
observations made by Hon'ble Supreme Court on rampant
corruption in our country, in a case titled “Dr.Subramaniam
Swami Vs. Dr.Manmohan Singh” reported as 2012 Crl.L.J
1519, has prayed for the maximum sentence.
7. On the other hand, Ld.Senior Counsel,
appearing for the convict had submitted that sentence should
be laced with mercy. He contended relying upon case titled
“Santa Singh Vs. State of Punjab” reported as (1976) 4
C.C.No: 01 / 2011
SCC 190, that the court has not only to see the offence, but
also the age, family, sobriety and emotional and mental
condition of the offender. He contended that the convict had
clean and unblemished record of public life of almost four
decades. He further contended that the present conviction is
the only aberration in his otherwise clean and clear
antecedents. He contended that the convict had undergone
“bypass surgery” two years back and is also suffering from
diabetes. Ld.Defence Counsel has prayed for a lenient view.
8. I have considered the rival contentions
advanced and have perused the precedents relied upon. I
have also gone through the medical record of the convict
submitted during the course of arguments.
9. Sentencing is an important part of criminal
administration of justice. Judicial discretion plays a pivotal
role in sentencing. The object for which, “sentence” is
imposed is not only to punish the convict for an unlawful act
committed by him. But also, it is imposed to make it clear
that the society as such, denounces the sort of conduct in
which the offender was involved. It is also to deter the other
persons from committing the similar offence.
10. The essence of sentencing thus is the
balancing of interests of community on one hand and that of
the accused and his family on the other, within the
framework of law.
11. Although in the precedent relied upon by
Ld.Special PP for CBI in Dr.Subramaniam Swami's Case
(supra), the question of sentencing was not the point in issue
before Hon'ble Supreme Court. However, I would like to
mention an observation of Hon'ble Supreme Court, which
epitomizes the present scenario of corruption in our country,
the same is as under :
45. Today, corruption in our country
not only poses a grave danger to the
concept of constitutional governance,
it also threatens the very foundation
of Indian democracy and the Rule of
Law. The magnitude of corruption in
our public life is incompatible with
the concept of a socialist, secular
democratic republic. It cannot be
disputed that where corruption
begins, all rights end. Corruption
devalues human rights, chokes
development and undermines justice,
liberty, equality, fraternity which are
the core values in our preambular
vision. Therefore, the duty of the
Court is that any anticorruption law
has to interpreted and worked out in
such a fashion as to strengthen the
fight against corruption. That is to
say in a situation where two
constructions are eminently
reasonable, the Court has to accept
the one that seeks to eradicate
corruption to the one which seeks to
perpetuate it.
12. Corruption, to my mind is worst than
prostitution as the latter might endanger the morals of an
individual, whereas, the former invariably endangers the
entire society. It is virulent for the nation and makes people
full of ire. However, the problem is that, when a society which
publicly rues corruption, but privately indulges in it, then we
need to ask ourselves, do we really want a corruptionfree
society.
13. To make our country and society corruption
free, is like putting a quart in a pint hole. But howsoever,
grimmer the hope is, we still have to keep it alive to eradicate
corruption to strengthen the social, spiritual and moral spirits
of our society.
14. If a country is to be corruption free and
wants to be a nation of beautiful minds, then I strongly feel
that it can be achieved by providing value education to all, so
that we can become responsible citizens, having strong
character which when tested at the time of crisis, is exhibited.
We do not want those honest person who are honest till they
get a chance or opportunity to be dishonest. Further, it can be
achieved by having the proper implementation of the existing
laws.
15. Here comes the importance and role of the
courts. The courts should not be a distant abstraction
omnipotent in books only. Courts have to act as an “activist
institution” which is cynosure of public hope. The courts will
be functional futility, if it does not put its all guns blazing,
until the wrong is righted.
16. Hon'ble Apex Court in Dr.Subramaniam
Swami's Case (supra), while reminding the other courts of
the country of their duty, has given a mandate that anti
corruption laws has to be interpreted in such a fashion so as to
strengthen the fight against corruption.
.
17. In the present case, the Convict had kept his
individual interests over and above the national interest and
has even agreed to compromise with the security and safety of
the nation. He had agreed to help a company ie. M/s Westend
International, coming up to him for getting a supply order of
defence related equipments to Indian Army. The convict
agreed to compromise with the lives of lakhs of the soldiers
who without fearing for their lives, fight for the nation. He
even in the very first meeting with the representatives of a
company, had agreed to extend his influence for getting a
supply order in their favor with respect to a defence related
equipment for his personal gains, without giving it a thought
that the equipments of this company, may or may not be of
substandard quality.
18. I, am in respectful disagreement with the
contention of Ld.Defence Counsel that no possible help for
getting the supply order from Ministry of Defence could have
been extended by the convict, as the company as well as the
product were fictitious, thus no possible wrong resulted from
the act of convict, so he be dealt with leniently.
19. No doubt, the company ie. M/s Westend
International and the product ie. HHTIs, which they were
promoting were both fictitious, but this fact was only known to
the representatives of the company, who had approached the
convict for favor. Convict Bangaru Laxman had agreed to
exert his personal influence in favor of the fictitious company
for his personal gains by way of getting “illegal gratification”
with the intention and belief that the product for which a
supply order is required, is genuine.
20. Corruption in itself is bad and in the words
of Hon'ble Supreme Court is like “cancer” for the society. Its
gravity and magnitude assumes dangerous and perilous
proportions, if the same is done by someone in position of
authority, to compromise with the defence mechanism of our
country and lives of its brave soldiers .
21. Considering the gravity and the impact
which his influence would have had on the lives of the soldiers
of Indian Army, had the design of convict materialized, I am of
the opinion that there are no mitigating circumstances and he
does not deserve the leniency sought for him. As the
aggravating circumstances outscores the mitigating factors of
age and the previous medical record of the convict. He being
President of a political party was supposed to have shown
exemplary character to lead by example. But that was not to
be. Therefore the result of the path chosen by him, should be
such, so as to deter others not the tread the same.
22. Section 9 of the P.C.Act 1988 corresponds to
Section 163 of Indian Penal Code. The punishment prescribed
under section 9 is for a term not less than six months but
which may extend to a period of 5 years with fine. Whereas
under section 163 IPC, punishment was simple imprisonment
for a term which may extend to one year or with fine or both.
23. Parliament must have had good reasons to
enhance the punishment to a minimum imprisonment of six
months and a maximum extending to 5 years, with liability
to pay fine as well. Obviously, cognizance has been taken of a
widespread prevalence of practice of exertion of personal
influence on public servants by people acting to favor third
party, from whom they have obtained “illegal gratification”.
24. It is often said that : “the accomplice of crime
of corruption is generally our own indifference”. “Sab Chalta
hai” syndrome has led us to the present situation, where we
are, where nothing moves without an illegal consideration.
People are forced to pay for getting even the “right things done
at right time”. It is high time to shun this attitude. When
Parliament taking note of the grim situation has taken first
step to sternly deal with such persons by increasing the
quantum of punishment which can be imposed, it is the turn
of the courts to follow suit, so as to implement the will and
intention of the Legislature by interpreting the provisions of
Prevention of Corruption Act, 1988 as per the dictates of
Hon'ble Apex Court.
25. Balancing the twin interest of society and
that of the convict, I am of the opinion that interest of justice
would be met, if the convict is sentenced to undergo rigorous
imprisonment for a term of four years and to pay a fine of
Rs.1 lakh for offence under section 9 of Prevention of
Corruption. He is sentenced accordingly. In default of
payment of fine, the convict is directed to undergo simple
imprisonment for a further period of three months.
26. Benefit of Section 428 Cr.P.C is given to the
convict and the period of detention already undergone by him
during inquiry, investigations and trial, be setoff against
substantive sentence of imprisonment imposed on him.
27. Necessary custody warrants be prepared and
copy of order on sentence, be annexed along with the warrants
for requisite compliance by the jail authorities.
28. Copy of the judgement and order on sentence
be given to the convict today itself.
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