Sengottaiyan sentenced to 5-year RI

By Our Special Correspondent

CHENNAI, DEC. 14. The former Transport Minister, Mr. K. A. Sengottaiyan, was today convicted and sentenced by a Special Court to five years rigorous imprisonment and to pay a fine of Rs.25,000, in a second case of corruption against him.

Mr. Sengottaiyan's personal assistant, Mr. Ezhil, cited as the second accused, was also awarded the same punishment. The third accused, Mr. Natarajan of Gobichettipalayam, was sentenced to eight years R.I. and to pay a fine of Rs.28,000. All three paid the fine. The three convicted persons were then lodged in the Central Prison, Vellore.

Delivering the 117-page verdict in the case pertaining to `Anna Transport Corporation (ATC) scam', the first judgement after he took over as a Special Judge, the Special Judge-II, Mr. S. S. P. Darwesh, said the prosecution had proved the case beyond reasonable doubt.

``From the evidence, it is clear that the Managing Director, Paramasivam (since deceased), besides Mr. Sengottaiyan and Mr. Natarajan received commission from various bogus companies from and out of ATC monies paying excess and exorbitant costs to the suppliers'', the Judge said.

The case pertained to irregularities and criminal breach of trust on ATC funds to the tune of about Rs.75 lakhs in the purchase of bus body kits, seat assemblies, spare parts and in the printing of tickets for ATC during the AIADMK rule. The charges included conspiracy, criminal breach of trust by public servant, abetment and under PCA.

When the Judge told Mr. Sengottaiyan that he had decided to convict him and asked him whether he wanted to say anything, the former Minister, who appeared devastated, said that the case was foisted on him due to political vendetta and that minimum punishment be awarded to him.

The former Minister was sentenced to five years R.I. and a fine of Rs.10,000 each under two counts and four years R.I. and Rs. 5000 under the third count. The court said the sentences would run concurrently.

The Judge said it was clear the conspiracy among the three accused and Paramasivam was to place orders with bogus companies contrary to G.O.s and to gain pecuniary advantage to themselves and the suppliers. There was ample evidence to show that the former Minister, Mr. Natarajan, who was not a public servant, and Paramasivam were working hand in glove. There was documentary evidence to prove that Mr. Ezhil took an active part in the transactions by passing telephonic instructions to the M.D. to place purchase orders with certain companies.

``The evidence on record clearly showed that the members of the purchase committee were made to sign and their objections were not considered''.

The Judge said one could not expect direct evidence of a Minister directly taking bribe. The very activities of Mr.Natarajan in using the names of Mr. Sengottaiyan and the M.D., and contacting them on phone and receiving money on the Minister's behalf were sufficient ground that the main accused was keeping Mr.Natarajan as his agent to receive illegal gratification.

As head of the Transport Department, Mr. Sengottaiyan could not close his eyes to all irregularities and remain deaf to various complaints received in the department from February 1994 to July 1996, the Judge said.

The prosecution had proved the charges of criminal conspiracy read with criminal breach of trust by public servant and under section 8 and 13 (1) (c) PCA. The Judge said the court was able to perceive that the thread of conspiracy was closely interwoven through the minds of the accused to abet the former MD to commit breach of trust on ATC funds and gain pecuniary advantage.Mr. Sengottaiyan had already been sentenced to four years R.I. by the Special Judge-I in the `Jeeva Transport Corporation scam' case.

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