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2016 Supreme(Mad) 2463
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SUBBIAH, J.
J.Murugesan - Petitioners
Vs.
State of Tamil Nadu, Represented by The Deputy Superintendent of Police - Respondent
Crl.O.P.No.25233 of 2015
Decided on : 03-08-2016
For the Appellant : Mr. N.R.Elango, Senior Counsel for Mr. S.Karthikeyan
For the Respondent: Mr. P.Govindarajan, Addl.P.P.
The right to a speedy trial is not an absolute right, and the delay in proceedings should be weighed by considering all relevant factors. The delay may not bar the prosecution's right to prosecute the criminals.
Headnote:
Delay - Criminal Proceedings - Prevention of Corruption Act, 1988 - Sections 120-B, 409, 420, 467, 468, 471, 477-A IPC and Section 13(2) read with 13(1)(d), 13(1)(d)(i) and (ii) and 13(1)(c) of the Prevention of Corruption Act, 1988 - Article 21 of the Constitution of India
Fact of the Case:
The case involved allegations of swindling public funds through inflated rates in the purchase and payment of 'Sundal' (cooked grain), causing wrongful loss to the Government. The accused petitioned to quash the criminal proceedings citing inordinate delay in investigation and trial.
Finding of the Court:
The court found that the delay in the investigation and trial, spanning over 12 years from the registration of the FIR in 1997 to the filing of the Police Report in 2009, and an additional 6 years until 2016, did not warrant quashing of the criminal proceedings. The court emphasized that the delay aspect should be weighed by considering the relevant facts and circumstances of each case.
Issues: The main issue was whether the criminal proceedings should be quashed solely on the ground of delay, considering the gravity of the offences and the huge amount of monetary loss to the Government.
Ratio Decidendi: The court held that the delay in the proceedings could not be a straight-jacket formula for quashing the criminal proceedings and that the delay aspect should be weighed by taking into consideration all the relevant factors. The court also emphasized that the right to a speedy trial is not an absolute right and that the delay may not bar the prosecution's right to prosecute the criminals.
Final Decision: The court dismissed the petition to quash the criminal proceedings, citing the gravity of the offences and the huge amount of monetary loss to the Government as reasons for not quashing the proceedings solely on the ground of delay.
This Crl.O.P. is filed praying to call for the records and quash the proceedings against the petitioners/A-9 and A-10 in C.C.No.73 of 2011 on the file of the Special Court for trial of cases under the Prevention of Corruption Act, 1988, Chennai.
2. Brief facts which are necessary to decide the issue involved in this petition, are as follows:
(a) The Government of Tamil Nadu, the Government of India and Swedish International Development Authority (SIDA) were providing funds for implementation of various schemes, of which, Integrated Child Development Service (ICDS) is one of such schemes introduced in 1975-76, intended for the welfare of children, for which funds are provided by the Government of Tamil Nadu. The object of the said scheme is to deliver a package of services in an integrated manner to the vulnerable children to improve the nutritional and health status of children below six years of age to lay foundation for proper physical and socio-psychological development, to reduce the school dropouts and to enhance the capability of mothers to look after the nutritional and other needs of children.
(b) The ICDS was implemented with the assistance of SIDA in 1 to 30 blocks in the composite Chengai-MGR District, later extended to 13 blocks in Pudukkottai and 4 blocks in the Nilgiris District. The Government accorded sanction of Rs.2,042.34 Lakhs to incur expenditure for the period from 01.07.1993 to 30.06.1995 in G.O.Ms.No.235, Social Welfare Department, dated 17.08.1994 and Rs.2,200 Lakhs for the period from 01.07.1995 to 30.06.1997 in G.O.Ms.No.68, Social Welfare Department, dated 08.03.1996. Till August 1999, the Child Development Project Officers concerned were purchasing the commodity (Sundal, i.e. cooked grain) directly from the Co-operative Societies at the prevailing rate of Rs.15.50 paise per Kilogram.
(c) During September 1994 and December 1994. Tr.K.Deenadayalan, IAS, (A-1),former Director of Social Welfare and Nutritious Meal Programme, in connivance with the then Minister for Social Welfare Tmt.R.Indirakumari and with the active assistance of her former Personal Assistant Tr.Venkat @ Venkatakrishnan (A-12), with an intention to gain pecuniary advantage from the Scheme, directed Tmt.Grace Annabai (A-4), former Programme Officer, Integrated Child Development Services, Tambaram to issue necessary instructions to the Child Development Project Officers of the Districts not to purchase the Sundal (cooked grain) from the area Co-operative Societies themselves. The former Director of Social Welfare and Nutritious Meal Programme, in contravention of the directions issued in the above said G.O.Ms.No.235 in which it was mentioned that all the purchases like food articles and drugs, etc., shall be made in accordance with the Tamil Nadu Financial Code - Article 125 and in violation of the said Financial Code, the indent orders for supply of Sundal (cooked grain) items such as Peas, Karamani and Gram, were placed with Sriperumbudur Agricultural Producers Co-operative Marketing Society (SAPCMS) and with Thiruthani Co-operative Agricultural Marketing Society (TCAMS) from September 1994 to May 1996 at the rate of Rs.23/- and Rs.24/- per kg., when the prevailing rate in the market was only Rs.15.50 at that time.
(d) Initially, the former Director of Social Welfare and Nutritious Meal Programe placed indent orders with SAPCMS from December 1994 onwards at the inflated rate of Rs.23/- and Rs.24/- per kg., when the prevailing market rate as stated above was only Rs.15.50 per kg. TCAMS claimed for supply of 72.300 MT of Sundal without actually supplying and caused pecuniary loss of Rs.17,35,200/- to the Government with the assistance of Tr.Kuppusami (A-3), former Assistant Director (Accounts), SIDA and other officials of Pudukkottai District, who had given false stock entry certificates stated to have been obtained by intimidation by Rajendran (A-11), an employee of M/s.J.M.Stores, Poonamalle, run by J.Murugesan (A-9) (first petitio
