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“Demand and Acceptance”: Upholding Electronic Evidence in Corruption Cases

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Case Title – Sayyad Shakil Salam vs. The State of Maharashtra

Case No. – Criminal Appeal No. 197 of 2019

Dated on – 14th June, 2024

Quorum – Hon’ble Justice Urmila Joshi Phalke

 

Facts of the case –

The accused, a public servant, was charged under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988, for allegedly demanding and accepting a bribe from the complainant, Dongarsingh Yadav (PW1). The complainant alleged that the accused demanded an illegal gratification, which was recorded using a digital voice recorder provided by the investigating authorities. The conversation between the complainant and the accused was subsequently transcribed and produced as evidence. The prosecution also submitted a certificate under Section 65B of the Indian Evidence Act, 1872, to authenticate the electronic evidence. The forensic analysis of the audio recording confirmed the match between the recorded voices and the accused’s specimen voice. Despite the defense’s objections to the admissibility of the electronic evidence, the trial court admitted the evidence and convicted the accused, leading to the present appeal.

 

Legal Provisions –

  • Section 65B of the Indian Evidence Act, 1872
  • Section 20 of the Prevention of Corruption Act, 1988
  • Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988

 

Contentions of the Appellant –

The appellant contended that the electronic evidence presented by the prosecution was inadmissible due to non-compliance with the requirements under Section 65B of the Indian Evidence Act, 1872. The appellant argued that the SD card used for recording the conversation was not produced alongside the Section 65B certificate, rendering the electronic evidence untrustworthy. Additionally, the appellant emphasized that the Shadow Pancha (PW2), Shantaram Yewale, did not corroborate the complainant’s testimony regarding the demand and acceptance of the bribe, asserting that he did not hear the conversation between the complainant and the accused. The appellant further claimed that the prosecution failed to prove the essential elements of demand and acceptance of illegal gratification beyond a reasonable doubt, as required under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988. The appellant maintained that the mere recovery of the tainted money was insufficient to sustain a conviction without concrete evidence of demand and acceptance.

 

Contentions of the Respondent –

The respondent contended that the prosecution had duly complied with the requirements under Section 65B of the Indian Evidence Act, 1872, by producing both the SD card and the accompanying certificate. They argued that PW6 Sachin Halmare, a duly authorized person, provided credible testimony regarding the transcription and issued the necessary hash value certificate, fulfilling all legal prerequisites for the admissibility of electronic evidence. The respondent emphasized that the complainant’s testimony (PW1) was consistent and corroborated by the electronic evidence, which clearly demonstrated the demand and acceptance of the bribe by the accused. They contended that the circumstantial evidence, including the recorded conversation and the subsequent forensic analysis confirming the voice of the accused, substantiated the prosecution’s case. The respondent further argued that the statutory presumption under Section 20 of the Prevention of Corruption Act, 1988, was correctly invoked, as the evidence established both the demand and acceptance of illegal gratification. They maintained that the accused’s explanation was insufficient to rebut this presumption and that the trial court rightly convicted and sentenced the accused based on the comprehensive evidence presented.

 

Court Analysis and Judgement –

The Hon’ble Bombay High Court meticulously analyzed the evidence presented by the prosecution, particularly focusing on the admissibility and reliability of the electronic evidence. It noted that the prosecution had duly complied with the requirements under Section 65B of the Indian Evidence Act, 1872, by producing both the SD card and the certificate, thereby fulfilling the legal prerequisites for the admissibility of electronic records. The court found the testimony of PW1, the complainant, to be consistent and corroborative, particularly supported by the recorded conversation which demonstrated the demand and acceptance of the bribe by the accused. The forensic analysis further confirmed the accused’s voice in the recorded conversation, strengthening the prosecution’s case. The court emphasized that the statutory presumption under Section 20 of the Prevention of Corruption Act, 1988, was correctly invoked, as the evidence satisfactorily established the demand and acceptance of illegal gratification. The court rejected the appellant’s defense that the money was placed on his table without his knowledge, finding it insufficient to rebut the presumption of guilt. The court upheld the trial court’s conviction, concluding that the prosecution had successfully proven the elements of the offense under Sections 7 and 13(1)(d) of the said Act beyond a reasonable doubt. Consequently, the appeal was dismissed, affirming the conviction and sentence imposed by the trial court.

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Judgement Reviewed By- Anurag Das

 

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Gujarat High Court Cracks Down on Safety Violations After Rajkot Fire Tragedy

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Background –

In a devastating incident in Rajkot, Gujarat, on 24th May, 2024, a fire at a play or game zone claimed the lives of at least 33 individuals. The blaze was reportedly ignited during welding operations. According to a preliminary report by the SIT, significant negligence by the promoters of the TRP Game Zone was identified. This fire incident occurred in September 2023 and followed a similar event where welding had previously caused a fire at the same location. Despite the fire brigade’s intervention to extinguish that earlier fire, fire department officials failed to address the evident lack of fire safety measures at the TRP Game Zone.

Update on the Issue –

On May 26, the High Court took suo motu cognizance of the Rajkot fire incident that resulted in 27 fatalities. The Court was alarmed by news reports suggesting that the gaming zone might have exploited loopholes in the Gujarat Comprehensive General Development Control Regulations (CGDCR) to construct illegal recreational structures. Gujarati newspapers reported that the gaming zone had erected temporary tin structures to circumvent permission requirements.

The Court vide order dated 13th June, 2024, observed that such gaming zones had emerged not only in Rajkot but also in Ahmedabad, posing significant public safety risks. Concluding that the disaster was prima facie man-made, the Court sought responses from the municipal corporations of Surat, Ahmedabad, Rajkot, and Baroda on the legal provisions allowing these gaming zones and recreational facilities to be established or maintained.

The Gujarat High Court directed the State government to establish a fact-finding committee to investigate the May 24 fire incident at the Rajkot gaming zone and scrutinize the inaction of senior Rajkot Municipal Corporation officers. Chief Justice Sunita Agarwal and Justice Pranav Trivedi emphasized the need for a thorough inquiry, ensuring that any official found negligent would be held accountable.

Further, the Court ordered an investigation into the operations of all municipal corporations in the State, referencing other recent tragic incidents such as the Morbi bridge collapse and the Harni Lake boat tragedy. Additionally, the State was instructed to physically inspect schools, both State-run and private, that serve children aged 3 to 14 years, to verify fire safety measures and building permissions.

The Principal Secretary of the State Urban Development and Urban Housing Department was mandated to file a personal affidavit to submit the inquiry report. The matter is scheduled for further hearing on July 4. Advocate DM Devnani served as amicus curiae, assisting the Court in this case.

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Written by – Anurag Das

 

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Karnataka High Court Upholds Dismissal of Bank Manager for Fraud and Corruption: Disciplinary and Criminal Convictions Validated

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 Case title:   VIJAYA BANK VS M RAVINDRA SHETTY

Case no.:   WRIT APPEAL NO. 7791 OF 2003 (S-DIS)

Dated on: 04th May 2024

Quorum:  Hon’ble. MR Justice KRISHNA S DIXIT and HON’BLE MR JUSTICE RAMACHANDRA D. HUDDAR

FACTS OF THE CASE

The respondent-employee who was in the Senior Manager Cadre i.e., MMGS-III was charged for certain lapses in relation to lending money to the fictitious persons without duly securing the repayment of loans. This happened during the period between 02.06.1986 and 11.05.1990. On account of this, the bank has been put to a huge financial loss. The disciplinary proceedings having been held, penalty order by way of dismissal from service came to be passed by the Competent Authority on 03.04.1997. The Departmental Appeal laying a challenge to the same came to be negatived by the Appellate Authority namely the General Manager (Personnel) on 05.08.1997. In the meanwhile, the same set of facts had resulted into the prosecution of employee in Spl.CC No.141/2005 for the offences punishable u/ss. 120B r/w Secs.420, 468, 471 of IPC and u/ss.13(1)(d) & Sec.13(2) of the Prevention of Corruption Act, 1988. The charges having been framed, trial was held by the Criminal Court that eventually resulted into his conviction vide order dated 19.06.2010 and he was sentenced to undergo a Simple Imprisonment for a period of 3 years coupled with levy of fine of Rs.70,000/- in aggregate, with a usual default clause. His Criminal Appeal No.664/2010 c/w Crl. Appeal No.678/2010 came to be negatived by a learned Single Judge of this court vide order dated 19.09.2022. The matter having been carried in SLP No.12145/2022, the Apex Court vide order dated 02.01.2023 granted some reprieve to him. The sentence came to be modified by reducing the period of Imprisonment from three years to one year; however, the fine came to be enhanced from Rs.70,000/- to Rs.2 lakh.

 ISSUES

  • Whether the disciplinary proceedings conducted by the bank and the subsequent penalty of dismissal from service imposed on the respondent-employee were valid and justified.
  • Whether the writ court overstepped its jurisdiction by interfering with the disciplinary authority’s decision, considering that its role is limited to reviewing the decision-making process rather than the decision itself.
  • Whether the involvement of the Central Vigilance Officer in the disciplinary proceedings was justified and in compliance with Regulation 19 of the Vijaya Bank Officer Employees’ (Discipline and Appeal) Regulations, 1981.
  • Whether these developments provide additional grounds for the bank’s decision to dismiss the respondent-employee from service.

LEGAL PROVISIONS

The Indian Penal Code (IPC)

Section 120B (Criminal Conspiracy): This section deals with the punishment for criminal conspiracy.

Section 420 (Cheating and Dishonestly Inducing Delivery of Property): This section punishes cheating and inducing delivery of property.

Section 468 (Forgery for Purpose of Cheating): This section deals with forgery intended for the purpose of cheating.

Section 471 (Using as Genuine a Forged Document or Electronic Record): This section punishes using a forged document as genuine.

Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988

Section 13(1)(d) (Criminal Misconduct by a Public Servant): This section deals with the criminal misconduct by a public servant involving abuse of position or obtaining pecuniary advantage.

Section 13(2) (Punishment for Criminal Misconduct): This section prescribes the punishment for criminal misconduct by a public servant.

Section 10(1)(b)(i) of the Banking Regulation Act, 1949 This section mandates the termination of an employee convicted of an offence involving moral turpitude.

Vijaya Bank Officer Employees (Discipline and Appeal) Regulations 1981

Regulation 6 (Procedure for Disciplinary Action): Outlines the procedure to be followed for disciplinary action against bank officers.

Regulation 11 (Penalties): Lists the penalties that can be imposed on bank officers for misconduct.

Regulation 19 (Role of the Central Vigilance Officer): Details the involvement of the Central Vigilance Officer in disciplinary proceedings.

Central Vigilance Commission Act, 2003

Section 3 (Establishment of Central Vigilance Commission): Establishes the Central Vigilance Commission and outlines its functions.

CONTENTIONS OF THE APPELLANT

The Learned Panel Counsel appearing for the appellant-bank seeks to falter the impugned order of the learned Single Judge arguing that: Once the disciplinary proceedings are duly held and penalty order has been passed, a Writ Court should be loath to interfere and it is more so when delinquent employee’s departmental appeal has been negatived. Secondly, on the same set of facts the employee having tried is convicted & sentenced for the offences involving moral turpitude. This happened subsequent to disciplinary proceedings and therefore even otherwise he is liable to be discontinued from service in terms of Sec.10(1)(b)(i) of the Banking Regulation Act, 1949. He has placed reliance on certain rulings in support of his submission. So contending, he seeks for allowing of the appeal. As already mentioned above, there is none to controvert the above submission from the side of respondent-employee. Learned counsel for the appellant is right in contending that no error has been committed by the management in taking the opinions of Central Vigilance Officer inasmuch as, such a course is internalized vide Regulation 19 of Vijaya Bank Officer Employees’ (Discipline and Appeal) Regulations, 1981. The CVC is constituted under Section 3 of the Central Vigilance Commission Act, 2003 and it has statutory duties. One such duty is to advice the banks in matters of disciplinary proceedings of the kind. that the apprehension of the employee that the decision was taken under pressure, could not be ruled out. However, the ratio in these decisions could have been invoked from the side of delinquent employee, had there been no provision like regulation 19 of 1981 Regulations. Such a provision was conspicuously absent in the aforesaid two decisions. This aspect has not been discussed in the impugned order even though it was very essential. Mr. Sawkar is also right in contending that there is a wealth of material on record that justified dismissal of the delinquent employee. That being the position, we hardly find any reason for upsetting the findings of guilt as recorded by the Enquiry Officer and accepted by the disciplinary authority while awarding the punishment of dismissal from service. The same has been examined by the Appellate Authority who has upheld the same. Therefore, the impugned order of the learned Single Judge who has treated the matter as if he was sitting in appeal suffers from legal infirmity and therefore cannot be sustained. It hardly needs to be reiterated that the focal point of examination of record in writ proceedings is the decision-making process and not the decision itself. Such an approach is not reflected in the impugned order. Thus, the same suffers from grave infirmities warranting our interference.

 CONTENTIONS OF THE RESPONDENTS

SRI.MOHITH KUMR K., ADVOCATE-ABSENT

 COURT’S ANALYSIS AND JUDGEMENT

THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED The Apex Court at para 16 has specifically stated that the offences punishable inter alia under the provisions of PC Act, 1988 do involve moral turpitude. Apparently, the respondent-employee in the subject Criminal Case has been convicted & sentenced not only for the offences punishable under the aforesaid provisions of IPC but also u/ss.13(1)(d) & 13(2) of the PC Act. The provisions of Section 10(1) of the 1949 Act enact a Parliamentary injunction to the bank to discontinue the employment of a person who is convicted for an offence involving moral turpitude, whether he is sentenced or not. In other words, mere conviction results into the obligation to disrupt employer-employee relationship. This provision leaves with the bank no discretion to disobey the direction. It is relevant to state that there is no challenge to the vires of this provision, which continues on the Statute Book with impunity & efficacy. When one is convicted for the offence involving Sec.420, 468 & 471 of IPC, it cannot be contended that his conduct does not involve moral turpitude. Once an employee of a bank is convicted for an offence involving moral turpitude as has happened in this case, he is liable to be discontinued from employment as discussed above. However, the text of Sec.10(1)(b)(i) does not indicate as to whether such disruption of vinculum juris is by way of dismissal or discharge implicatory. When moral turpitude is involved and the bank is put to considerable financial loss, one can safely assume that the legislative intent is dismissal of the delinquent employee. True it is that the respondent-employee has been dismissed from service after holding a disciplinary enquiry in terms of Regulation 6. We are adverting to the provisions of Regulation 11 only as an additional ground that has been generated subsequent to disciplinary proceedings that eventually resulted into dismissal from service and after the disposal of writ petition. As already mentioned above, there were criminal appeals that ended in vain. Matter was carried forward to the highest court of the country that did not set aside the conviction although the period of imprisonment was reduced; in fact, fine has been enhanced almost three-fold. All this subsequent development adds extra merits to the case of appellant bank and against the respondent – employee. In the above circumstances, this appeal succeeds the impugned order of learned Single Judge is set aside and respondent-employee’s writ petition is dismissed, costs having been made easy.

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Judgement Reviewed by – HARIRAGHAVA JP

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CONSPIRACIES AGAINST POLITICAL LEADERS: LEGAL IMPLICATIONS AND DEMOCRATIC DISCOURSE

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 ABSTRACT

Conspiracies pestering the political leaders of the country display convoluted challenges to democratic governance, mandating an exhaustive examination of the legal frameworks, judicial precedents, and democratic discourse. In recent years, India has witnessed various prominent cases engaging the speculative conspiracies against the political leaders, accentuating the graveness of the issues. There is an ardent advocacy for the protection of free speech and expression, acknowledging them as an essential backbone of democracy. Scholiasts argue that strict legal measures against the conspiracies may violate these fundamental rights, smothering the conflict and impeding the sturdy public discourse. This article focuses on discerning the legal implications, landmark judicial decision, and wider democratic considerations encompassing such conspiracies. Moreover, this article also sheds light on the phenomenon of conspiracies as a tactical tool used by the political leaders to satisfy their personal interests and conduct the conspiracies to achieve mainly four prime objectives, namely, (i) to smirch the opponents, (ii) to muster the supporters, (iii) to disperse the blame and liability, and (iv) to sabotage the institutions that stand as a threat to their power.  This article particularly focuses on the authoritarian, populist, and conservative leaders, who are more inclined to spreading conspiracies during the periods of the societal tumult.

KEYWORDS – Conspiracy, Political Leaders, Democracy, Legal Framework, Indian Penal Code,1860, Sedition, Hate Speech, Judicial Precedents, Democratic Discourse, Landmark Cases, Freedom of Speech, Public Order, Populist Leaders, Authoritarianism, Democratic Values, Corruption, Electoral Malfeasance, Media, Civil Society, Enforcement Agencies

INTRODUCTION

Conspiracies targeting the political leaders exhibit a substantial challenge to democratic sturdiness and governance worldwide. It is interesting that leaders, who often brandish vital resources, privileges, and power, disseminate conspiracies that typically surfaces the high-power groups as acting with malign intentions. It is more often that the promulgation of the conspiracies is not to challenge the power in wider terms but rather to pester the specific individuals or communities or groups whom they anticipate as a threat to their own authority.
The Landmark Cases like Kedar Nath Singh Vs. State of Bihar (1962)[1] stead fasted the criterion of sedition, avowing the criticism of the Governmental actions, however cogent and valid, does not amount to sedition unless it foments violence or public disorder. However, the line between licit criticism and seditious speech remains muzzy, electrifying the debates on free speech and political contrasts. Judicial Precedents play a vital role in carving out the legal interpretations. In Rangarajan Vs. P. Jagjivan Ram (1989)[2], the Supreme Court of India upheld the right of the citizens to criticize public officials or political leaders, stressing the gravity of sturdy public debates in a democracy. Reciprocally, in Shreya Singhal Vs. Union of India (2015)[3], the court repealed the Section 66A of the Information Technology Act, 2000, which criminalized online speech deemed insolent or ominous. These judgments reflect a fragile balance between protecting the grandeur of the political leaders and upholding the rights of the citizens to be defiant. Even after possessing the legal safety, challenges prevail due to the dynamic nature of the society and the inverse social media amplification in sprawling misinformation and facilitating the dissemination of conspiracies, displaying the unprecedented challenges for governance. Occurrences, like the sprawling of bogus news and concocted images pestering the political leaders accentuate the need for subtle regulatory measures that balance the Freedom of Expression with the accountability to tame misinformation. Conspiracies tend to accumulate after events like a terrorist attack, blasts (Malegaon Blast Case[4]), global pandemics (Covid-19) outbreaks, or a pugnacious presidential election. The political sphere is a prolific ground for the conspiracies, especially entangled with the verbosity of populist leaders who clout the conspiracies for the purposes of strategies.
Furthermore, the politicization of the law enforcement agencies and selective prosecution aggravate apprehension concerning the abuse of legal provisions to reticence conflicts. The high-profile cases, such as the arrests of the activists under the charges of sedition for expressing conflicting views, highlighting the deterring effect on Freedom of Speech and Expression. Incidents like these uprear questions about the independence of the judiciary and the requirement for the judicial inattention to avert the executive thwart. In traversing these intricacies, the discourse in the democracy plays a pivotal role. The civil society, media, as well as the academia furnish as watchdogs, inspecting the Governmental actions and endorsing for clarity and liability. Public awareness campaigns and initiatives fostering media education can empower citizens to distinguish the facts from fiction, alleviating the influence of the misinformation and conspiracies.

DYNAMICS OF CONSPIRACY AGAINST THE POLITICAL LEADERS  

In the ravelled drapery of the Indian politics, the prodigy of the political leader of a party targeting the political leader of a rival party has persisted throughout the history, marked by a quagmire of intra-party rivalries and inter-party rivalries as well. Recent years have seen a escalation in the exertion of various strategies by the political leaders to annihilate or smear their opponents. From character assassination to electoral malfeasance, and in extreme cases, even stooping down to physical harm, the political arena has witnessed a gamut of unethical operations. Historically, cases like the assassination of Indira Gandhi and Rajiv Gandhi, serve as a distressing mnemonic of the fanatical lengths to which the political rivals may go in chase of power. Moreover, the recent incidents of the defection and horse-trading assemblies accentuate the constancy of the conspiracies steered at subverting the Governments.
In 2008, the Pune police convoyed by the Delhi police arrested 16 individuals on accusations of being involved in a Maoist conspiracy to topple the Government and assassinate Prime Minister Narendra Modi as well as foment an insurrection against the ruling BJP. The alleged conspiracy was connected to the Elgaar Parishad Event held in Pune in December,2017 which memorialized a historic Dalit victory, where skirmishes broke out the following day and the police transferred their focus from local provocateurs to a conjectural Maoist plot. The arrested individuals include Human Rights Activists, Lawyers, Writers, and Professors, with no previous records of violence. The NIA dismissed the claims of planted evidence. The case reflects a pattern of quelling under the Modi Government, with the use of anti-terror laws to silence opposition voices and erode democratic norms[5].
The 2G Scam is a integration of three cases, one instituted by the Enforcement Directorate and two cases instituted by the CBI in 2011. A report by the CAG of India disclosed that 2G licenses for mobile networks were sold at cheaper prices rather than carrying free and fair auctions. The prime accusations on A Raja were of assigning airwaves and licenses for cell phone networks in swap of bribes. DMK MP Kanimozhi, as per accusations put on him, played a major role in aiding the 217 Crore bribe from Swan Telecom to Kalaingar TV, the agitprop arm of DMK party. Post the judgment of this case was pronounce, the then PM Manmohan Singh stated that the judgment should be followed but Kanimozhi stated that she refused to target anyone but mended that there was conspiracy and that a lot of people were involved in this. In this case, politicians as well as private officials of the United Progressive Alliance and coalition Government of India were allegedly involved in selling or allotting 122 2G Spectrum Licenses[6].
The recent cases illustrate the depth of the political conspiracies in India. In July, 2019, the coalition Government of Karnataka, incorporating of the Indian National Congress (INC) and the Janata Dal, faced an intense crisis. The 2019 Karnataka political conspiracy stands out as an egregious example, where accusations of horse-trading and bribery emerged, especially the Bharatiya Janata Party, being charged of attempting to contriver the tergiversation to crumple the government, steering to the resignation of numerous legislators and consequent collapse of the State Government. The resignation of these legislators menaced the sturdiness of the coalition Government led by Chief Minister H.D. Kumaraswamy. The crisis escalated into a political stalemate, with profound negotiations and legal battles emanating between the ruling coalition and the opposition. In July, 2019, the trust vote in the Karnataka Legislative Assembly resulted in the collapse of the Kumaraswamy-led Government, paving the way for the BJP to assume power[7].
In March, 2020, Madhya Pradesh tumbled into a political crisis following the resignation of 22 congress MLAs led by Jyotiraditya Scindia. The resignation intimidated the viability of the congress government led by the Chief Minister Kamal Nath, as the ruling party lost its majority in the state assembly. The crisis in Madhya Pradesh was deluged by the internal animosity within the congress party, intensified by alleged desolation of key leaders and dissatisfaction over distribution of power and resources. Jyotiraditya Scindia, a eminent leader, ratted to the BJP, citing discontent with the congress leadership. Imarti Devi, a former minister termed it as a conspiracy[8].
One of the most eminent recent cases of political leader targeting the rival is the 2020 political crisis in Rajasthan. The state witnessed a high-stakes power struggle between the then chief minister, Ashok Gehlot, and his former Deputy, Sachin Pilot. Pilot along with a group of rebel MLAs, was accused of conspiring to crumple the Gehlot-led Government. The crisis involved the allegations of horse-trading, with both the side accusing each other of assaying to lure legislators with offers of money and positions. The situation escalated when Pilot and his supporters were debarred from the party, stating the extremity of political rivalries within the congress party[9].
The Delhi Chief Minister and Aam Aadmi party (AAP) leader Arvind Kejriwal was arrested by the Enforcement Directorate (ED) on 21st March, 2024 evening, on accusations of corruption and money laundering in the articulation and implementation of the Delhi Government’s excise policy for 2021-2022, which was later revoked. The New Delhi Excise Policy, 2021-2022 was introduced in the November,2021 aiming at transmuting the liquor retail landscape in the capital. The objective of the New Delhi Excise Policy, 2021-2022 was to maximize revenues for the state, scuffle the sale of the counterfeit alcohol, and boost the experience of the consumers. However, the policy confronted flaming opposition and accusations of procedural irregularities, ultimately leading to annulment of New Delhi Excise Policy, 2021-2022 on the 1st of August, 2022[10]. In response to these scenarios, the AAP claimed that Amit Shah, the Home Minister of India, in an interview made it clear that Delhi Chief Minister, Arvind Kejriwal was arrested by the ED under a conspiracy. A party leader, Atishi, addressing a press conference alleged that the Home Minister Shah made it clear with a news channel that the ED had the intention to arrest Arvind Kejriwal from the very first time it sent summons to him[11].
The object dragging the politicians to conspire against their rivalries are as divergent as the political landscape itself. Personal aspirations often purvey as a dynamic stimulus, fuelling the implacable chasing of power and authority. The recent cases have unveiled how pushy politicians judiciously adapt conspiracies to arise the hierarchical ladder within their parties, often at the expense of ethical principles and democratic values. Moreover, the protection of ingrained interests serves as a driving force behind political conspiracies.
Apart from internal power struggle, political leaders in India also face menace from discontented citizens who anticipate them as corrupt, incompetent, or disconnected from the grassroots. Public anger and frustration can manifest in various forms, ranging from protests and demonstrations to online trolling and physical attacks. The rise of the social media has provided a platform for ordinary citizens to express their grievances and hold politicians accountable, sometimes stooping to conspiracies to explain perceived injustices.

JUDICIAL PRECEDENTS

Several Landmark Judgments by the Indian Courts have shaped the jurisprudence encircling the conspiracies against the political leaders. The decision of the Supreme Court of India in cases like the Kehar Singh Vs. State (1908) and State of Maharashtra Vs. Som Nath Thapa (1996) have traced the elements of the conspiracy and understood the graveness of such offenses as well as the evidentiary standards necessary for the purpose of prosecution.

  1. Kehar Singh Vs. State (1908)[12]

In the case of Kehar Singh Vs. State (1908), Kehar Singh was convicted for conspiring to murder the then Prime Minister, Indira Gandhi. The Supreme Court of India upheld the conviction of Kehar Singh under Section 120B of the Indian Penal Code, 1860 for criminal conspiracy. The court stressed on the fact that the offense of criminal conspiracy needs the commission of the main offense for its completion. Even if the conspiracy isn’t committed, the mere agreement to commit the crime itself constitutes an offense. This judgment explicated the principle that conspiracy is an independent offense distinguished from the substantive offense pondered by the conspirators. It accentuated the graveness of the conspiracies against the political leaders and asserted the importance of holding the conspirators liable, irrespective of the success or failure in the commission of the crime.

  1. State of Maharashtra Vs. Som Nath Thapa (1996)[13]

The case of State of Maharashtra Vs. Som Nath Thapa (1996), Som Nath Thapa was accused of criminal conspiracy to murder a Member of Parliament, Mr. Mohan Delkar. The Supreme Court of India replicated the principles laid down in the Kehar Singh Vs. State (1908) and further refined the elements of conspiracy. The court stressed on the fact that for proving conspiracy, it is not necessary to establish a formal agreement; even a tacit understanding or a meeting of minds to chase a common unlawful objective would be sufficient. Moreover, the Supreme Court of India illuminated that the offense of conspiracy needs both an agreement as well as an intention to commit an unlawful act. It further stressed on the fact that mere presence at the scene of the crime or association with the main accused does not automatically imply participation in the conspiracy. Instead, the prosecution may establish a meeting of minds amongst the conspirators to achieve the unlawful objective. This judgment provided clarity on the evidentiary necessities for proving an evidentiary requirement for proving conspiracy and reinforced the principles that conspiracies against the political leaders are grave offenses deserving strict punishment.

IMPACT ON DEMOCRATIC DISCOURSE

Conspiracy against the political leaders has a adverse impact on the democratic process, posing a menace to the radical principles of transparency, liability, and informed decision making. In India, the chronicity of conspiracies erodes public trust in political institutions and nurture an atmosphere of fear, suspicion, and segmentation. When citizens anticipate political leaders as targets of conspiracies, they may become discontent with the democratic system, leading to disregard from civic participation. Moreover, the spread of conspiracies can aggravate social divisions and obstruct constructive dialogue, hampering the exchange of ideas and the utterance of comprehensive policies. The corrosion of trust in political leaders and institutions subvert the democratic fabric, exhausting the social contract between the Government and the governed.

ROLE OF PUBLIC DISCOURSE

In skirmishing the conspiracies against the political leaders, promoting a sturdy and inclusive public discourse is incumbent to uphold democratic values and strengthen civic engagement. Civil society organizations, media outlets, and political institutions play a crucial role in assisting transparency, liability, and fact-based dialogue. Civil society initiatives such as fast-checking organizations and advocacy groups can refute false narratives and counter propaganda, empowering citizens with veracious information to make informed decision. Similarly, responsible journalism plays a pivotal role in holding power accountable and scrutinizing the actions of political leaders. By adhering to ethical standards of reporting and providing truth and accountability. Moreover, political institution must uphold democratic norms and principles, ensuring that mechanisms for liability and transparency are sturdy and effective. By promoting open dialogues, respecting dissenting voices, and fostering a culture of mutual respect and understanding, India can strengthen its democratic institution and fortify the tenacity of its democratic discourse against the corrosive effects of conspiracies.

LEGAL IMPLICATIONS

The Legal Frameworks governing the conspiracy against the political leaders in India primarily stem from statutory provisions outlined in the India Penal Code,1860 and the other related laws. These legal frameworks provide the basis for investigating, prosecuting, and punishing conspiracies against the political leaders in India. They aim to uphold the rule of law, protect democratic institutions, and ensure liability for those involved in undermining the democratic process through illegal means.

  1. Indian Penal Code, 1860[14]
    Section 120A – Definition of Criminal Conspiracy –     This section defines the criminal conspiracy as when two or more persons agree to do or cause to be done an illegal act, or an illegal act, or an act which is not illegal by illegal means.
    Section 120B – Punishment for Criminal Conspiracy – This section prescribes punishment for conspiracy, which may include imprisonment and fines. It specifies that individual involved in a conspiracy shall be punished in the same manner as if they had committed the substantive offense themselves.
    Section 124A – Sedition – This section prescribes the punishment for sedition which shall include punishment with imprisonment for life, or with imprisonment which may extend to three years and fine.
  1. Unlawful Activities (Prevention) Act, 1967 (UAPA)[15]
    The UAPA aims to prevent the unlawful activities, including conspiracies against the political leader that threaten the sovereignty and integrity of India.
    Provisions within the UAPA empower the law enforcement agencies to take preventive actions against individuals or organizations engaged in conspiracies aimed at promoting secessionism, insurgency, or terrorism.
  2. Code of Criminal Procedure, 1973[16]
    Section 195(b)(iii) – Prosecution for contempt of lawful of public servants, for offences against public justice and for offences relating to documents given in evidence –     This section deals with the prosecution for offenses related to giving false evidence or fabricating false evidences in judicial proceedings. This section, specifically, empowers the court to take cognizance of such offenses on a complaint made by a public servant concerned, or upon the direction of the court.
    Section 196 – Prosecution for offenses against the state and for criminal conspiracy to commit such offense – This section deals with the prosecution for offenses against the state or public servants. It mandates that no court shall take cognizance of any offenses punishable under Section 172 to 188 of the Indian Penal Code, 1860, except on a complaint made by order of, or under authority from, the State Government or some officer empowered in this behalf by the State Government. This section ensures that offenses against the State or public servants are prosecuted with the requisite authorization from the State Government or competent authority, thereby safeguarding against frivolous or politically motivated prosecutions and ensuring due process in the legal proceedings.
  3. Prevention of Corruption Act,1988[17]
    Section 7 – Offenses relating to public servant being bribed –     This section deals with the offenses of a public servant accepting bribes or gratifications for performing official duties.
    Section 8 – Offenses relating to bribing of a public servant – This section pertains to offering or giving bribes to public servants to influence their actions.
    Section 9 – Offenses relating to bribing a public servant by a commercial organisation – This section addresses the offenses of taking gratification for exercising personal influence with a public servant

CONCLUSION

Conspiracy against political leaders stands as a dismaying menace to the very structure of democracy, requiring an inclusive response extensive of legal, enforcement, and societal dimensions. In a nation like India, where democracy is not just a governance exemplar but a treasured value integral to the individualism of the nation, the prevalence of the conspiracies against political figures undermines the foundational principles of transparency, liability, and civil participation. It is imperative to recognize the multifaceted nature of this challenge and undertake concerted efforts to address it effectively. At its core, the fight against the conspiracy demands a sturdy legal framework that not only defines and punishes such acts but also ensures due process and safeguards against abuse of power. The existing legal provisions, as delineated in statues such as the Indian Penal Code, 1860 and the Prevention of Corruption Act, 1988, lays down the foundation for prosecuting conspirators. However, continual review and adaption of these laws to evolving circumstances are essential to keep pace with the ever-changing landscape of political dynamics and technological advancements. Moreover, effective enforcement mechanisms are crucial to translating legal provisions into tangible action. Law enforcement agencies must be equipped with the necessary resources, training, and expertise to investigate and prosecute conspiracies against political leaders swiftly and impartially. Additionally, inter-agency coordination and cooperation are vital to combating the complex web of conspiracies that may span across jurisdiction and involve diverse actors.
The fight against the conspiracy against political leaders is not merely a legal or enforcement challenge but a collective responsibility that transcends institutional boundaries. It requires a concerted effort from all segments of society to safeguard the integrity of democratic institution and principles. By postering a cultural of accountability, transparency, and civic participation, India can effectively mitigate the threats posed by conspiracies, thereby fortifying its democratic edifice for generations to come.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written By – Sruti Sikha Maharana

References:

[1] https://indiankanoon.org/doc/111867/

[2] https://main.sci.gov.in/judgment/judis/7986.pdf

[3] https://indiankanoon.org/doc/110813550/

[4] https://primelegal.in/2024/04/27/the-malegaon-blast-case-unravelling-legal-complexities-in-indias-fight-against-terrorism/

[5] https://www.theguardian.com/world/2021/aug/12/bhima-koregaon-case-india-conspiracy-modi

[6] https://thewire.in/business/2g-accused-acquitted-happened-scam-wasnt

[7] https://www.businesstoday.in/pti-feed/story/bjp-spoke-of-fighting-corruption-and-resorted-to-horse-trading-the-same-day-kumaraswamy-159458-2019-01-19

[8] https://www.ndtv.com/india-news/case-against-madhya-pradesh-congress-chief-jitu-patwari-for-remarks-against-bjp-leader-5581552

[9] https://indianexpress.com/article/india/2020-congress-crisis-gehlot-behind-phone-tap-of-pilot-rebels-claims-ex-aide-of-former-cm-9289290/

[10] https://www.thehindu.com/news/cities/Delhi/watch-what-was-the-new-delhi-excise-policy-all-about-and-why-is-arvind-kejriwal-in-trouble/article67983794.ece

[11] https://www.business-standard.com/politics/ed-intended-to-arrest-cm-kejriwal-from-day-1-says-aap-minister-atishi-124050300498_1.html

[12] https://lawfoyer.in/kehar-singh-and-others-v-state-delhi-administration-2/#:~:text=This%20case%20is%20also%20known,influenced%20Beant%20Singh%20for%20assassination.

[13] https://indiankanoon.org/doc/702724/

[14] https://www.indiacode.nic.in/bitstream/123456789/2263/1/aA1860-45.pdf

[15] https://www.mha.gov.in/sites/default/files/A1967-37.pdf

[16] https://www.indiacode.nic.in/bitstream/123456789/15272/1/the_code_of_criminal_procedure%2C_1973.pdf

[17] https://www.indiacode.nic.in/bitstream/123456789/15302/1/pc_act,_1988.pdf

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“Meaningless” To Request Bail In Corruption Cases stating that the Government Has Not Been Affected: P & H High Court

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Case Title:-Mukesh Kumar Versus State of Harayana

Case No:- CRM-M-29883-2023

Decided on:-20-03-2024

Quorum:- HON’BLE MR. JUSTICE ANOOP CHITKARA

Facts of the case:-

The case’s basic facts are that, pursuant to section 17a of the pc act, the state government granted permission for the registration of an enquiry (number 07) dated 10.05.2019 in gurugram through letter no.58/52/2018-iv(1) dated 03.05.2019. Transmitted through the office of the director general of the state vigilance bureau, haryana panchkula, and the additional principal secretary of the haryana government’s vigilance department, against the petitioner/accused mukesh solanki estate officer, hud gurugram, and rishi raj, director of m/s r.r. Foundation engineering private limited, on may 10, 2019.

 That during the investigation, it was discovered that m/s r.r. Foundation engineers pvt. Ltd. Had applied to the huda department, sector 14, gurugram, to take part in the s.c.o. No. 08 and 30 open auctions in sector 23/23a, gurugram. Thereafter, due to highest bid of r.r. Foundation engineers pvt. Ltd. Subsequently, on december 18, 1997, he was given s.c.o. Nos. 08 and 30 of r.r. Foundation engineers pvt. Ltd., for having the highest bid, and s.c.o. No. 13 of r.r. Construction, for having the highest bid, for sector 23, 23a, gurugram. 10% of the total cost was paid in cash at the location by the aforementioned company. 15% of the total was then required to be deposited within a month after the allotment letter’s issuing date. The huda department. Regarding this matter, huda, gurugram dispatched registered letters no. 284 and no. 285 to m/s r.r. Foundation engineers pvt. Ltd and r.r., respectively, on december 18, 1997. Buildings, although the postal service returned these letters to the huda office stating that “no such company exists with this name and style at this address.” However, the aforementioned businesses’ offices are still situated at the same address as of right now. The 15% sum was not deposited by either of the aforementioned companies within the allotted time. Then, on 10.04.2018, estate officer -1, huda, sector-14, gurugram, forfeited 10% of the paid money and canceled the s.c.o. Nos. 08, 13, & 30 allotment orders in sector 23/23a, gurugram, via letter dated 10.04. 1998. The preceding the addresses of m/s r.r. Foundation engineers pvt. Ltd. And r.r. Constructions got the aforementioned orders and notices. The owners of m/s r.r. Foundation engineering pvt. Ltd. Company and r.r. Constructions thereafter attended the huda sector-14, gurgum office on april 15, 2018, and filed their applications to challenge the cancellation of the allocation.

 The application was submitted to the chief administrator of huda, haryana, panchkula, after first being reviewed by the estate officer, huda, gurgwarn, administrator, and gurugram. The changes and appeals were rejected all the way up to the commissioner and secretary of the haryana town and country planning department. On february 20, 2000, the revision petition was likewise dismissed. Following that, on october 8, 2004, m/s r.r. Foundation engineering pvt. Ltd. Filed a plea before the district consumer district redressal forum in gurugram; nevertheless, the same was however on august 1st, 2008, the same was also dismissed. On november 30, 2011, the state consumer dispute redressal commission denied the appeal as well. After that, they said nothing. On april 21, 2010, in ateli, district mahendergarh, rishi raj, director of r.r. Foundation pvt. Ltd., obtained a registered g.p.a. Of s.c.o. Nos. 08 and 30 in favor of sh. V.k. Goyal, son of r.c. Goyal, who resides at c.b.h. 11, narayana, new delhi. Rishi raj ceased to be the owner of the aforementioned scos as a result of their cancellation. In collusion with sh. V.k. Goyal and other defendants, rishi raj created false documentation and completed the g.p.a. Of the two aforementioned s.c.o.s in his favor.

Subsequently, about s.c.o. Nos. 08 and 30, sector 23/23, gurugram, g.p.a. Subsequently, g.p.a. Holder sh. V.k. Goyal filed c.w.p. Nos. 12629/2016 and 8565 of 2018 in the hon’ble punjab and haryana high court in chandigarh, seeking re-allotment of both the aforementioned s.c.o. Nos. 08 and 30 in sector 23/23, gurugram. Hud a written declaration on merits was filed in this civil writ petitions. While the aforementioned cases were still before the hon’ble high court, on march 7, 2018, v.k. Goyal, the holder of the g.p.a., made a representation before the government. This was typically forwarded to the chief administrator’s office at hud, haryana, panchkula. The administrator of hu”a, panchkula has been downmarked for further action by the chief administrator of huda, panchkula. After that, the administrator at the time, sh. Ram swaroop verma.

Petitioner Contentions:-

Petitioner’s counsel Mr. Vinod Ghai, Sr. Advocate submits that petitioner is Unaware of the said case at the time of filing of present petition and as such this fact Was not concealed and otherwise it would have also no bearing in the present petition. Moreover, connected petition for bail relates to the aforesaid FIR. Coordinate Bench of this Court had granted interim Anticipatory bail and the said order remained continuing and on 01.09.2023, when the Matter listed before this court, interim order was extended when the petitioner Voluntarily stated that they would have no objection if this Court while extending the Interim order imposes any stringent conditions including declaration of assets of Petitioner as well as his spouse. Subsequently, on 14.09.2023, petitioner’s counsel Submitted that they have voluntarily complied with the order dated 01.09.2023 and Handed over the affidavits to the State counsel.

Respondent Contentions:-

Learned counsel for Respondent stated that On 22.02.2024, State counsel responded that he had accepted money Through his portal on 03.07.2018 without any authortization and symbolic possession Was given on 23.08.2018, whereas allotment was provisional. It was further informed That said allotment was cancelled on 30.08.2018 and symbolic possession was also Recalled and in fact allottee was never put in physical possession of the SCOs in question.

Court Analysis and Judgement:-

Court stated that in the analysis of the above arguments points out that petitioner was required to Wait for the final decision by CEO, when he was specifically asked, but he issued Provisional allotment, his malicious conduct is established when he handed over Symbolic possession of the property itself to the said beneficiaries. The another reason Which points towards the petitioner’s mis-conduct is that he was aware of the pendency Of the writ petitions and other civil proceedings and quietly ignored all such while Issuance of provisional allotment. As concerned for the inquiry on his part qua non-Delivery of letter to allottee, was part of proceedings before the Appellate Authority of HUDA as well as before Consumer Redressal Forum. The petitioner also ignored and by-Passed the judicial order passed by the authority and Consumer Court. Petitioner also seeks bail on the ground that no loss has been caused to the Government and the said argument is meaningless. If this argument is accepted, then Every government employee who commits such an act and where no loss caused to Government, would be entitled to bail which is neither the meaning within the Prevention of Corruption Act nor the provisions relating to cheating, forgery under Indian Penal Code. In fact the petitioner tried to avoid allotment from the CEO at Panchkula by ensuring that the matter is closed at Faridabad itself. Later on when the Writ petition which was filed by the beneficiaries was withdrawn, then the matter was Enquired by CEO Panchkula, which resulted in further enquiry and revealed the Malicious intent and participation of petitioner. petitioner fails To make a case for anticipatory bail. Any observation made hereinabove is neither an expression of opinion on the Case’s merits, neither the court taking up regular bail nor the trial Court shall advert to These comments. Given the serious nature of allegations and the apparent malicious intent of the Petitioner, he is not entitled to anticipatory bail. Petition dismissed. Interim orders stand vacated. All pending applications, if any, also Stand disposed.

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Judgement Analysis Written by – K.Immey Grace

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