The Hindu : Tamil Nadu / Chennai News : Case against three IT officials quashed

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Wednesday, Sep 24, 2008
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Case against three IT officials quashed

Special Correspondent

It was pending before X Metropolitan Magistrate for past 21 years without trial

It is nothing but infringement of fundamental right of petitioners, says the judge
“No material available on record to show what happened from 1987 to 1991”

CHENNAI: The Madras High Court has quashed a criminal case against four persons – a retired income tax officer and three income tax officials – which was pending for the past 21 years without trial.

In his order quashing the proceedings pending before the X Metropolitan Magistrate, Egmore, Justice K.N. Basha, said: “It is very much painful to note that the instant case is pending as early as from 1987.

The undisputed fact remains that as on date there is absolutely no progress whatsoever as even till date not even a single witness has been examined.”

Mr. Justice Basha said the court could not brush aside yet another disturbing feature that nine other accused had been convicted immediately after filing of the charge sheet in 1987.

The four, T. Balasubramaniam, ITO (retired), V. Manoharan, Upper Division Clerk, TDS-Range-I, Chennai; K. Ettappan, Tax Assistant, office of the Additional CIT, Company Range-IV, Chennai; G. Pari, office of the Salary Range-II, Chennai; were arraigned as accused in the case registered by the CBI for an alleged offence under sections 120-B (Punishment for criminal conspiracy) and 420 (Cheating and dishonestly inducing delivery of property) IPC.

K. Kumar, senior counsel for petitioners, said that in view of the pendency of the proceedings, the petitioners were put to great hardship. N. Chandrasekaran, Special Public Prosecutor (SPP) for the CBI, said the agency was not liable for the delay in conducting the trial.

Mr. Justice Basha said there was absolutely no material available on record to show what happened from 1987 to 1991.

As per the submission of the SPP for CBI, a revision petition was filed in the High Court challenging the conviction of the nine persons, but its fate was not known to anyone till date. There was no indication of any stay on further proceedings.

“But, strangely and curiously there is absolutely no reason seen from the material available on record for the inordinate delay in conducting the trial.”

It was well settled by decisions of the Supreme Court that any accused was entitled to speedy trial, which was a fundamental right. As such in view of the delay of more than two decades, Mr. Justice Basha said the court was of the considered view that it was nothing but infringement of fundamental right of the petitioners.

From the material on record, the court was not able to conclude that either the petitioners or the prosecution was in any manner responsible for the delay in conducting the trial.

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