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CASE NO.:

Appeal (crl.) 1038 of 2001

PETITIONER:

MAHENDRA LAL DAS

RESPONDENT:

STATE OF BIHAR AND ORS.

DATE OF JUDGMENT: 12/10/2001

BENCH:

M.B. SHAH & R.P. SETHI

JUDGMENT:

JUDGMENT

2001 Supp(4) SCR 157

The Judgment of the Court was delivered by SETHI, J. Leave granted.

The appellant who, at the relevant time, was an Executive Engineer, Public

Engineering Department, Mechanical Division, Ranchi, has prayed for

quashing of the FIR registered on 20.5.1988 against him under Sections 5(2)

read with Section 5(1 )(e) of the Prevention of Corruption Act, 1947

wherein it was alleged that the appellant was in possession of

disproportionate assets to the extent of Rs. 50,600. The FIR was sought to

be quashed mainly on the ground that despite expiry of over 12. years, the

respondent-State had not granted the sanction which amounted to the

violation of his right of life and liberty as enshrined in Article 21 of

the Constitution of India. The petition, filed by the appellant, was

dismissed vide the order impugned on the ground that mere delay in granting

the sanction has not prejudiced the appellant in any manner particularly

when he is already on anticipatory bail.

It appears that one Smt. Usha Punindre Narayan Sinha, filed a FIR in the

Vigilance Thana, Division and District, Patna, alleging that the appellant

while holding different posts during the years 1961-62 to 1982-83 acquired

dispro-portionate assets by misusing his official position and adopting

corrupt means. During investigation, the appellant gave details of his

income and expenses, on the basis of which the IO concluded that the

appellant was in possession of Rs. 50,600 as unaccountable money. As no

prosecution was launched against the appellant till the year 2000, he moved

the High Court for quashing the proceed-ings and his prayer was rejected

vide the order impugned.

In the counter-affidavit filed on behalf of the respondent-State it is

submitted that a case of disproportionate assets of Rs. 50,600 was

registered against the appellant as P.S. No. 0017/88 under the provisions

of Prevention of Corruption Act and detailed enquiry held by the then

Deputy Superintendent of Police. After four years of investigation, the IO

submitted a proposal for granting sanction for prosecution of the appellant

for which a letter was sent to the Secretary, PH Engineering Department,

Patna through the Vigilance Department on 6.1.1992. The Department of PHED

as well as the Law Depart-ment, after the scrutiny of the allegations made

against the appellant, arrived at the conclusion that the case could not be

proved in the court. They further concluded that the grant of sanction

would prove to be a futile attempt on the part of the Department, The

Advocate General of the State also opined that no case for sanction was

made out on the basis of the material collected during the investigation of

the case registered against the appellant. The file was also sent to the

Chief Minister through Chief Secretary. The Chief Secretary sug-gested that

the attention of the investigating agency be drawn to the defects and after

obtaining its opinion appropriate orders be passed. Again in the year 1992,

the then Investigating Officer submitted a proposal for granting sanction

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for prosecution of the appellant put till the time the petition was

disposed of by the High Court, no orders were passed on the proposal

seeking the grant of sanction. Even in the affidavit filed in this Court on

27.11.2000, it is submitted that "A fresh letter for sanction of

prosecution against accused Mahendra Lal Das was sent by Vigilance

Department to Dy. Secretary, PHED vide letter No. SRO 17/88 Vig. 794 C.R.

dated 17.11.2000. Now the matter is under consid-eration and opinion by the

parent department". However, during the arguments we were informed that

ultimately sanction has been granted after filing of the SLP in this Court.

It is true that interference by the court at the investigation stage is not

called for. However, it is equally true that the investigating agency

cannot be given the latitude of protracting the conclusion of the

investigation without any limit of time. This Court in Abdul Rehman Antulay

& Ors. v. R.S. Nayak & Anr, [ 1992] 1 SCC 225 while interpreting the scope

of Article 21 of the Constitution held that every citizen has a right of

speedy trial of the case pending against him. The speedy trial was

considered also in public interest as it serves the social interest also.

It is in the interest of all concerned that guilty or innocence of the

accused is determined as quickly as possible in the circumstances. The

right to speedy trial encompasses all the stages, namely, stage of

investigation, enquiry, trial, appeal, revision and re-trial. While

determining the alleged delay, the court has to decide each case on its

facts having regard to all attending circumstances including nature of

offence, number of accused and witnesses, the work-load of the court

concerned, prevailing local conditions, etc. Every delay may not be taken

as causing prejudice to the accused but the alleged delay has to be

considered in the totality of the circumstances and the general conspectus

of the case. Inordinate long delay can be taken as a presentive proof of

prejudice.

In this case the prosecution has miserably failed to explain the delay of

more than 13 years by now, in granting the sanction for prosecution of the

appellant-accused of possessing disproportionate wealth of about Rs.

50,600. The authorities of the respondent-State also appear to be not

satisfied about the merits of the case and were convinced that despite

granting of sanction the trial would be a mere formality and exercise in

futility.

In cases of corruption the amount involved is not material but speedy

justice is the mandate of the Constitution being in the interests of the

accused as well as that of the society. Cases relating to corruption are to

be dealt with swiftly, promptly and without delay. As and when delay is

found to have been caused during the investigation, inquiry or trial, the

concerned appropriate authorities are under an obligation to find out and

deal with the persons responsible for such delay. The delay can be

attributed either to the connivance of the authorities with the accused or

used as a lever to pressurise and harass the accused as is alleged to have

been done to the appellant in this case. The appellant has submitted that

due to registration of the case and pendency of the investigation he lost

his chance of promotion to the post of Chief Engineer. It is common

knowledge that promotions are withheld when pro-ceedings with respect to

allegations of corruption are pending against the incumbent. The appellant

has further alleged that he has been deprived the love, affection and the

society of his children who were residing in foreign country as on account

of the pendency of the investigation he could not afford to leave the

country.

This Court in Ramanand Chaudhary v. State of Bihar & Ors., AIR (1994) SC

948 quashed the investigation against the accused on account of not

granting the sanction for more than 13 years. The facts of the present case

are almost identical. No useful purpose would be served to put the

appellant at trial at this belated stage.

Keeping in view the peculiar facts and circumstances of the case, we are

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inclined to quash the proceedings against the appellant as permitting

further prosecution would be the travesty of justice and a mere ritual or

formality so for as the prosecution agency is concerned, and unnecessary

burden as regards the courts.

'This appeal is accordingly allowed by setting aside the order impugned and

quashing the proceedings initiated against the appeallant on the basis of

'PS No. 0017/88 under the provisions of Prevention of Corruption Act.