State
of Punjab Vs. Maninder Singh [1996] INSC 973
(19 August 1996)
K. Ramaswamy,
G.B. Pattanaik
ACT:
HEAD NOTE:
O R D
E R
It is
astonishing and we are aghast to find that the State Government legitimised
corruption and decided to shield the officers who have committed
misappropriation of public funds to the tune of Rs.1.61 crores as culled out
during investigation. It is obvious from the record that the Government wants
to hide the persons and shield the officers responsible for committing
misappropriation. This petition was filed against the order of the High Court
quashing the F.I.R. filed against the respondent. The High Court based its
conclusion on a noting made by an officer that no action was needed. The order
of the High Court is contrary to the fundamental principles of criminal law and
the settled legal position. When notice was issued, the action of the State
Government compounded the flagrant miscarriage of justice.
But
when we have pointed out to the counsel for the petitioner as to whether the
charge-sheet has been filed and directed them to produce the charge-sheet and
statement under Section 161, Cr.P.C. from November 30, 1995 despite adjournment of the case
time and again to produce charge- sheet filed in the trial Court, they failed
to produce the same. So sensing some foul play somewhere, by order dated April 4, 1996, this court directed the Chief
Secretary to have an enquiry conducted in this behalf and to submit a report.
In response thereto, pat came on the back to the accused and from the record it
would be clear that the charge-sheet, though was prepared by the officer, after
thorough investigation, the same did not breath life since the Government did
take a decision not to proceed with the matter. Therefore, the decks have been
cleared in the case for the corrupt officers, who had swindled the public money
and misappropriated it, to escape from clutches of law.
Counsel
for the State states before us that he does not want to proceed with the matter
as per the instructions of the Government.
The
petition is accordingly dismissed. However, we record our deep anguish and
strong disapproval of the conduct of the Government in shielding corrupt
officers who committed misappropriation of public funds from being prosecuted
and punished according to law.
Back
Pages: 1 2
