NEW DELHI, Jul 27: Former Union Minister P K Thungon was today sentence to four and half years’ jail term in a graft case by a Delhi court which observed this matter highlights “institutionalised corruption” involving the political class and high bureaucrats.
The court also imposed a fine of Rs 10,000 on 68-year-old Thungon, saying that due to misappropriation of money by politicians and bureaucrats, “poor people of Nagaland were cheated”.
Besides Thungon, Special CBI Judge Ajay Kumar Jain awarded three and half years of imprisonment to two other convicts, Tali A O and C Sangit, while fourth convict Mahesh Maheshwari was given two and half years jail term in the case.
The court imposed a fine of Rs 6,000 each on Tali A O and Sangit.
It imposed a fine of Rs 3,000 on convict Maheshwari who was later granted bail to enable him to file an appeal against this judgement before a superior court on a personal bond of Rs 50,000 with one surety of the like amount.
“The present case highlights the institutionalised corruption involving political class and high bureaucrats. This case unfolds and brings out in the limelight the known fact that how the Central grants allocated to public welfare of the states are misappropriated by highest public functionaries including ministers at Centre, states and top bureaucrats that too with full impurity,” the judge said.
In its 13-page order on quantum of sentence, the court said “the entire records were fudged and nobody dared to complain despite the fact that it is in the knowledge of both at the Centre as well as State Government level.”
“Any independent institutional mechanism to detect and bring forth this kind of misappropriation is lacking or in case if any, disabled to work. Scam after scam become norm of the day. The poor people of Nagaland were cheated and in their name and the entire money was misappropriated by the politicians and the bureaucrats with the aide of private persons,” it said.
The case pertaining to misappropriation of Rs two crore funds released by the Centre for public welfare of Nagaland was lodged by CBI in 1998.
Thungon is a former Chief Minister of Arunachal Pradesh.
The court, in its verdict, said “the saddest part is that its knowledge is apparent both at the Centre and the state level but no action was taken. On the other hand, the entire Government machinery worked to shield the offences committed by the ministers and bureaucrats. Fortunately, the offences surfaced during investigation in some other case.”
“…Corruption at any level cannot be taken lightly and as corruption by its very nature is spreading like cancer and eating away the public trust, therefore, a strong message is to be sent to the persons who involve in these kinds of crime particularly with the bent of mind that they are above law and nobody can touch them,” it said.
On July 21, the court had convicted Thungon, Tali and Sangit for offences under section 120-B (criminal conspiracy) read with 419 (cheating by personation), 420 (cheating), 467 (forgery of valuable security), 468 (forgery for purpose of cheating) and 471 (using as genuine a forged document) of IPC and under relevant provisions of Prevention of Corruption Act.
Maheshwari was held guilty for offences under sections 120-B read with 419, 468 and 471 of IPC.
All the accused, who were taken into custody after being convicted in the case, were present in the courtroom during the arguments and pronouncement of sentence.
During the arguments, CBI prosecutor told the court that “appropriate sentences” should be awarded to the convicts.
The prosecutor said that besides being a former Chief Minister of Arunachal Pradesh, Thungon had held several high offices as minister of states for Heavy Industries and Urban Development.
The agency said four other corruption cases were pending against Thungon.
Thungon’s lawyer argued that his client was suffering from high blood pressure and weak eye sight and his wife was a patient of acute liver disease and he was the only person to look after her.
Thungon, who was present in the courtroom, told the court he was the first Chief Minister of Arunachal Pradesh and had made sincere efforts to integrate the state with India.
“The Jawaharlal Nehru Open University was my brain child and the open schooling was also my idea which was implemented during the tenure of the then Prime Minister Indira Gandhi.
“The Panchayati Raj was enacted in Parliament because of my idea during the tenure of then Prime Minister Rajiv Gandhi and I have worked for national integration,” he said.
To this, the judge told Thungon that “I think you were in wrong company. You appear to be an honest man by your face and your talk.”
Responding to this, Thungon said “I agree. I cannot ditch my friends and this is my weakness.”
Thungon also told the court that because of his efforts, Hindi language was introduced in Arunachal Pradesh and it has a great impact in integration of the state with India.
The counsel for 52-year-old Tali sought leniency on medical grounds and said no other case was pending against him.
58-year-old Sangit’s lawyer argued that the court should keep in mind the weakness in the prosecution’s case while awarding sentence to the convict who has faced trial for 15 years.
Maheshwari’s counsel told the court that his client was not found to be part of the main conspiracy under Prevention of Corruption Act and he should be given benefit of probation under CrPC.
The court, however, said no probation could be granted to Maheshwari as he was found to be connected with opening of fictitious bank account.
Regarding Thungon, the court said he was “found indulged” in commission of the offence in the case.
“The poor people of Nagaland were cheated through the acts of the convict, however, his contributions for integration of Arunachal Pradesh with rest of the country and the health of his wife and his sufferings of investigation and trial… Are also to be taken into consideration,” it said.
According to CBI, in pursuance to the proposal of Nagaland government, the then Planning Commission had sanctioned an amount of Rs two crore in 1994 for renovation and upgradation of minor irrigation projects for the State and the money was to be released in two instalments of Rs one crore each.
It had said that accused had misappropriated the funds.
The court, in its July 21 judgement, has also summoned as accused five then active public servants against whom sanction for prosecution was not granted earlier by Nagaland Government, for November 4, saying there was enough material on record to take cognizance of offences against them.
The five accused summoned by the court are K Konngam Konyak, the then Minister of State of Irrigation and Flood Control Department, Mezakrol, the then Joint Director in the department and the then public servants Nielakuo Suokhrie, K Angami and Bandang Wapang. (PTI)
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