"When System Fails...": Here's What Delhi Judge Said On Closing Corruption Case After 32 Years

New Delhi: Expressing strong remarks over the prolonged delay in the corruption trial case of a former IAS officer, Rouse Avenue Court said that the accused in the case is declared "unfit to stand trial” and hence the case will be shut down. 

The trial of the former IAS officer went down for 32 years. The special judge (PC Act), Anil Antil, while pronouncing the judgement said that any delay by any stakeholder in the dispensation of the criminal justice system “not only cause miscarriage of justice,” rather "delay becomes an instrument of inflicting fatal blow on the efforts of justice dispensation."

And, I end with a quote: "when the system fails, the truth remains hidden in the shudders of injustice" 

The court also ordered confiscation of his several properties in South Delhi and said the properties falls in the category of Benami properties.

Observing his remarks on the delay in trial, the judge stated that the case at hand is a classical example wherein “justice has become casualty” not only to the protracted trial but also to the deliberate lapses and to the perfunctory, shoddy investigation on the part of the Agency, wherein it seems that from day one the Agency never intended to take the case to its logical conclusion.

What caused the Delay 

The court noted that the agency had cited 327 witnesses in total. Out of which, 48 witnesses were shown to be residing at the temporary addresses of hotels and guest houses, and the agency was well aware that they would never be found available to appear before the court for deposition.

The court further mentioned that the remaining 200 witnesses had either expired, left the address, or, due to their ailments, were incapacity to appear and depose before the court. So, at the end, only 87 witnesses were examined, including the substituted witnesses during this inordinate long period of trial commencing from the year 1992, when the charge sheet was filed, that is about 32 years.

Trial Went On For 32 years

The court, in conclusion, said, "The prosecution has miserably failed to prove its case against Inderjeet Singh (brother of former IAS) and thereby he is acquitted of all the charges so pressed against him, noted that he had no knowledge, and claims no legal right or interest or title over the four properties standing in his name at Nehru Place falls in the category of Benami properties, and thereby stands confiscated and be vested in the Government of India."

In 1987, CBI had registered the FIR against Surender Singh Ahluwalia the then IAS and posted as Chief Secretary to the Government of Nagaland at Kohima, alleging that while functioning in different capacities in Nagaland and New Delhi, he acquired assets disproportionate to his known sources of income.

(With Inputs from ANI)