40 years on, Delhi High Court grants relief to 90-yr-old man in corruption case

New Delhi: The Delhi High Court has granted relief to a 90-year-old man in a 1984 corruption case by reducing his sentence to a day and said the delay was "plainly at odds" with the constitutional mandate of a speedy trial.

Using "Sword of Damocles" as an analogy, Justice Jasmeet Singh said the uncertainty over the man's fate for a period of about 40 years by itself was a mitigating factor.

"A vital mitigating factor in considering the sentence is the appellant‘s advanced age. At 90 years age, suffering from serious health ailments, he is highly vulnerable to the physical and psychological impact of incarceration.

"Any such imprisonment would risk causing irreversible harm and would defeat the very objective of mitigating the sentence," the judge on July 8 said.

The judge continued, "This is a fit case for reducing the quantum of sentence of the appellant considering the mitigating circumstances. Hence, the sentence of the appellant is reduced to the time already served. The appeal is partly allowed."

The court said the incident took place in January 1984 with the proceedings continuing for four decades, with the trial taking nearly 19 years to conclude, and the appeal remaining pending for over 22 years.

"Such inordinate delay is plainly at odds with the constitutional mandate of a speedy trial envisaged under Article 21 of the Constitution of India," the court added.

The man was stated to be a former senior officer of State Trading Corporation of India (STC) who was incarcerated for a day.

He did not challenge his conviction after being found guilty of offences under the Prevention of Corruption Act and the IPC which will remain with him for his entire life, the court said.

Surendra Kumar, who was a chief marketing manager, was arrested in the case in 1984 over the allegations of demanding Rs 15,000 bribe from a firm partner.

Kumar was released on bail shortly after his arrest but was convicted in the case in 2002.

In 2002, he filed an appeal against the trial court's order sentencing him to three years imprisonment and Rs 15,000 fine.

The FIR alleged the STC issued an invitation for quotations from suppliers for the supply of 140 tonne of dried fish.

In response, a Mumbai-based firm submitted its quotation through its partner- Abdul Karim Hamid, the complainant.

Hamid alleged that during a meeting, Kumar assured that the STC would be placing an order for 140 tonne dried fish from his firm, but demanded a bribe of Rs 15,000 in return.

The FIR alleged Kumar asked Hamid to bring Rs 7,500 the next day at a hotel and to pay the remaining amount after the order was placed in favour of his firm.

Hamid approached the CBI and a raiding team was constituted, which apprehended Kumar after the exchange happened.

The high court observed the convict had deposited the Rs 15,000 fine imposed by the court in 2002.