HC reduces Bhandari’s prison term from 6 months to one
FOUR CO-ACCUSED ACQUITTED AND IMPRISONMENT SET ASIDE FOR OTHERS AGAINST WHOM CONVICTIONS HAVE BEEN UPHELD
GANGTOK, 08 Aug: The High Court of Sikkim today reduced the sentence of six months simple imprisonment awarded by the trial court on former Chief Minister Nar Bahadur Bhandari to one month, and set aside the sentence of one month served on the then RDD Secretary, PK Pradhan, and Norbu Tshering Bhutia, Sonam Wangdi Bhutia, Sriniwas Agarwal and AB Gurung by the same court. In the case of four other accused – Harka Singh Chewan, Hari Prasad Rai, Ratna Bahadur Subba and Hari Prasad Sharma - convicted by the trial court, the High Court set aside, both the convictions and the sentences and discharged them.
This judgement was passed today by Justice SP Wangdi in appeals filed by Mr. Bhandari and others against the judgement passed by Special Judge, Prevention of Corruption Act, East and North Sikkim, on a case made out by the Central Bureau of Investigation in relation to a rural water supply scheme undertaken in Sikkim during Mr. Bhandari’s first tenure as Chief Minister of Sikkim between 1979 to 1984 when he headed a Congress government and also held the RDD portfolio.
Those against whom the convictions have been upheld, have been directed to surrender before the Special Judge, Prevention of Corruption Act, East and North Sikkim, at Gangtok “without fail” by 10:30 a.m. on Wednesday. While the High Court has changed the sentences, it has left the fines of Rs. 5,000 unaltered on those convicted.
The case relates to awarding and execution of contracts under the Rural Development Department which caused a loss of Rs. 2.41 lakh to the State exchequer. The trial court had convicted Mr. Bhandari and nine others on 25 October 2008 and had announced simple imprisonment of six months and a fine of Rs. 5,000 on all 10 persons convicted in the case.
In a voluminous 171-page judgement pronounced today, Justice Wangdi records that Mr. Bhandari has been proved to be the principle offender, “as the entire design to commit the illegality was conjured by him”.
About Mr. Pradhan’s culpability, the judgement observes that he was a “reluctant subordinate, but nevertheless agreed to the design, while the other appellants were the beneficiaries of the design, and therefore, part of it”. Their culpability, the judgement goes on to add, is “not so severe”.
The judgement goes on to add that the accused, except for one who is 60 years old, are advanced in age and ailing septuagenarians. “More than 27 years have passed since the commission of the offence and during the interregnum, the appellants had no doubt suffered in body and mind,” the judgement observes.
It adds, “In my view, therefore, having regard to the extent of the notional loss caused to State, it would now be too harsh to award even the minimum punishment at this length of time. Although the learned Trial Court also has reduced the sentence under the proviso to sub section (2) of Section 5 of the Act, considering the facts and circumstances of the case and the extent of involvement of each of the appellants justice would be met if the sentence is modified as follows...”
Following this argument, the High Court reduced Mr. Bhandari’s sentence from six months to one month and set aside the imprisonment for the others convicted. Still another set of four were acquitted by the High Court, it may be recalled.
The High Court also recorded the “able assistance” rendered by the counsels on both sides, making special mention of Mr. Bhandari’s counsel, Bhaskar Raj Pradhan, “whose articulation on both law and facts were most commendable”, the judgement puts on record.
Speaking to media-persons outside the High Court today, Mr. Bhandari said that he will not be appealing against the judgement in the Supreme Court and serve the one month imprisonment instead. This, he mentioned, was the last case against him and suggested that he would prefer closure instead of spending time and money in processing an appeal in the Supreme Court.
FOUR CO-ACCUSED ACQUITTED AND IMPRISONMENT SET ASIDE FOR OTHERS AGAINST WHOM CONVICTIONS HAVE BEEN UPHELD
GANGTOK, 08 Aug: The High Court of Sikkim today reduced the sentence of six months simple imprisonment awarded by the trial court on former Chief Minister Nar Bahadur Bhandari to one month, and set aside the sentence of one month served on the then RDD Secretary, PK Pradhan, and Norbu Tshering Bhutia, Sonam Wangdi Bhutia, Sriniwas Agarwal and AB Gurung by the same court. In the case of four other accused – Harka Singh Chewan, Hari Prasad Rai, Ratna Bahadur Subba and Hari Prasad Sharma - convicted by the trial court, the High Court set aside, both the convictions and the sentences and discharged them.
This judgement was passed today by Justice SP Wangdi in appeals filed by Mr. Bhandari and others against the judgement passed by Special Judge, Prevention of Corruption Act, East and North Sikkim, on a case made out by the Central Bureau of Investigation in relation to a rural water supply scheme undertaken in Sikkim during Mr. Bhandari’s first tenure as Chief Minister of Sikkim between 1979 to 1984 when he headed a Congress government and also held the RDD portfolio.
Those against whom the convictions have been upheld, have been directed to surrender before the Special Judge, Prevention of Corruption Act, East and North Sikkim, at Gangtok “without fail” by 10:30 a.m. on Wednesday. While the High Court has changed the sentences, it has left the fines of Rs. 5,000 unaltered on those convicted.
The case relates to awarding and execution of contracts under the Rural Development Department which caused a loss of Rs. 2.41 lakh to the State exchequer. The trial court had convicted Mr. Bhandari and nine others on 25 October 2008 and had announced simple imprisonment of six months and a fine of Rs. 5,000 on all 10 persons convicted in the case.
In a voluminous 171-page judgement pronounced today, Justice Wangdi records that Mr. Bhandari has been proved to be the principle offender, “as the entire design to commit the illegality was conjured by him”.
About Mr. Pradhan’s culpability, the judgement observes that he was a “reluctant subordinate, but nevertheless agreed to the design, while the other appellants were the beneficiaries of the design, and therefore, part of it”. Their culpability, the judgement goes on to add, is “not so severe”.
The judgement goes on to add that the accused, except for one who is 60 years old, are advanced in age and ailing septuagenarians. “More than 27 years have passed since the commission of the offence and during the interregnum, the appellants had no doubt suffered in body and mind,” the judgement observes.
It adds, “In my view, therefore, having regard to the extent of the notional loss caused to State, it would now be too harsh to award even the minimum punishment at this length of time. Although the learned Trial Court also has reduced the sentence under the proviso to sub section (2) of Section 5 of the Act, considering the facts and circumstances of the case and the extent of involvement of each of the appellants justice would be met if the sentence is modified as follows...”
Following this argument, the High Court reduced Mr. Bhandari’s sentence from six months to one month and set aside the imprisonment for the others convicted. Still another set of four were acquitted by the High Court, it may be recalled.
The High Court also recorded the “able assistance” rendered by the counsels on both sides, making special mention of Mr. Bhandari’s counsel, Bhaskar Raj Pradhan, “whose articulation on both law and facts were most commendable”, the judgement puts on record.
Speaking to media-persons outside the High Court today, Mr. Bhandari said that he will not be appealing against the judgement in the Supreme Court and serve the one month imprisonment instead. This, he mentioned, was the last case against him and suggested that he would prefer closure instead of spending time and money in processing an appeal in the Supreme Court.
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