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Journalism of Courage
Pushed and prodded by the Supreme Court,the CBI may have fast-tracked its probe into the 2G spectrum scandal and arrested former telecom minister A Raja for his alleged involvement in the award of licences. But a telling reminder of what could lie ahead once the trial begins is the status of the cases against Sukh Ram,one of Rajas predecessors who was at the centre of the first telecom scandal in the country.
Sukh Ram,now 84,is still doing the rounds of the courts,14 years after the CBI first charged him with corruption.
The case in which he was convicted of amassing over Rs 4 crore disproportionate assets during his tenure in the Narasimha Rao government is still pending in the Delhi High Court,after an appeal was filed in 2009.
In the second case,Sukh Ram was convicted in 2002. He was sentenced to three years rigorous imprisonment for causing a loss of Rs 1.66 crore to the exchequer by favouring a private firm,Advance Radio Masts (ARM) Pvt Ltd,in the purchase of telecom equipment. He was also fined Rs 2 lakh.
Sukh Ram appealed against the order. This February 1,almost nine years after he appealed,the High Court bench reserved the ruling.
CASE ONE
In the DA case,Sukh Ram was found guilty after 13 years of trial,six Special Judges and two Special Public Prosecutors. Records obtained by The Indian Express reveal a story of how a string of adjournments,changes of judges and even the death of former prime minister P V Narasimha Rao contributed to the delay.
June 9,1997: CBI files chargesheet in Special Court.
March 5,2001: Special Judge Ajit Bharihoke,handling high-profile cases including the Bofors payoff matter,is transferred as Additional Rent Controller.
July 10,2001: New Special Judge R L Chugh frames corruption charges against Sukh Ram.
August 22,2006: After five years,CBI submits 66 pieces of documentary evidence.
Over six years from October 30,2001 to April 13,2007 Special Court spends 42 days examining 64 witnesses.
P V Narasimha Rao testifies as prosecution witness on November 6,2004. Cross-examination on November 27 is deferred as an ailing Rao is admitted to hospital. Rao dies on December 23,days before the hearing.
September 3,2006: Sukh Ram,then 79,pleads the Special Judge for early disposal of the case. Cites advanced age and poor state of health.
Request is declined on September 19 since many older cases were pending… no priority could be accorded. Sukh Ram moves the Delhi High Court against the order.
November 2006: In two directions,the HC says trial court shall make every endeavour possible for conducting the case as early as possible and for that purpose two hours each for one week in a month may be devoted by the trial court,subject to its convenience.
April 13,2007: Special Judge does not hold open court. He later informs the High Court that he usually does not hear matters on a Friday since he has reserved it for mediation.
December 2,2008,to February 17,2009: Final arguments advanced in 11 hearings before court reserves ruling.
February 25,2009: Sukh Ram is sentenced to three years rigorous imprisonment.
April 22,2009: Delhi High Court Justice Vipin Sanghi admits appeal against conviction; suspends sentence in interim order.
May 14,2009: Interim order suspending sentence is made absolute; CBI gets notice to respond to appeal.
May 28,2010: Court takes up matter. No further dates scheduled for hearing.
Sukh Rams lawyer Jitender Sethi says: I have instructions from Sukh Ram to move a plea for early hearing in this case. We dont want this appeal to drag like his other case in the High Court. We will be moving the court in a week to expedite trial.
CASE TWO
The second case against Sukh Ram,in which a High Court ruling was reserved this February 1,also dates back to 1996 when the CBI lodged an FIR.
Sukh Ram,accused of causing a loss of Rs 1.68 crore by favouring ARM Pvt Ltd in a contract for purchase of telecom equipment,was convicted and handed a jail term on July 5,2002,by a sessions court.
But in this case,too,the wheels moved slowly after the appeal was filed.
July 22,2002: Appeal admitted in Delhi High Court by Justice Mahmood Ali Khan.
July 25,2002: HC suspends his jail term sentence.
October 31,2003: Appeal added to HC regular list.
December 12,2003: Sukh Ram seeks time to file additional documents.
May 14,2004: Both parties seek adjournment.
In 2008,Sukh Ram moves application for early hearing. Plea allowed,hearing fixed for February 2009.
Matter heard by Justice S Muralidhar. After three hearings,case transferred to a larger Bench in September 2009. Reason: Case involves larger question of law.
Matter goes to Registrar as Sukh Ram fails to supply documents in time to court and CBI.
Registrar schedules case for October 2010 before a Division Bench.
Case listed before Division Bench of Justices Anil Kumar and S L Bhayana in 2010.
Arguments heard by Bench of Justices S Ravinder Bhat and G P Mittal. Judgment reserved on February 1,2011.
Says Anil Nag,counsel for Sukh Ram in this case: One cannot predict when the judgment will come but we expect it to come as soon as possible. Sukh Ram was present in court on February 1 when the case was reserved for judgment.
was convicted in 2002. He was sentenced to three years rigorous imprisonment for causing a loss of Rs 1.66 crore to the exchequer by favouring a private firm,Advance Radio Masts (ARM) Pvt Ltd,in the purchase of telecom equipment. He was also fined Rs 2 lakh.
Sukh Ram appealed against the order. This February 1,almost nine years after he appealed,the High Court bench reserved the ruling.
Registrar schedules case for October 2010 before a Division Bench.
Case listed before Division Bench of Justices Anil Kumar and S L Bhayana in 2010.
Arguments heard by Bench of Justices S Ravinder Bhat and G P Mittal. Judgment reserved on February 1,2011.
Says Anil Nag,counsel for Sukh Ram in this case: One cannot predict when the judgment will come but we expect it to come as soon as possible. Sukh Ram was present in court on February 1 when the case was reserved for judgment.
