Graft case: HC suspends 3-year sentence of ex-SP

CHANDIGARH : In a major relief to former SP (City) Desh Raj, Punjab and Haryana high court suspended the three-year sentence awarded to him by the CBI court in a graft case. The high court admitted his appeal on Friday. Desh Raj had challenged the CBI court judgement pronounced on August 10.

The special CBI court sentenced Desh Raj to three-year jail in a graft case on August 10, 2018. The court convicted him under Section 7 and Section 13 (2) read with 13(1)(d) of the Prevention of Corruption Act. Desh Raj was caught by CBI accepting a bribe of Rs 1 lakh in the six-year-old case.

Advocates S K Garg Nirwana and Vishal Garg Nirwana said the prosecution story is not believable and convincing and that the prosecution had failed to prove charges. They said prosecution witnesses have made inherently improbable and unconvincing statements, which do not inspire confidence. It was stated that since the trial court has misconstrued evidence and not appreciated documents as well as oral evidence on record in the right perspective, the judgement should be set aside. It was also averred that there is an unexplained delay of 10 days in moving the complaint to CBI and delay of three days in lodging the FIR.

Awarding three-year jail to Desh Raj, the special CBI court referred to Munshi Prem Chand’s story, “Namak ka daroga” and said the story, written in the 20th century, is relevant in the 21st century, “when corruption has become a dreaded disease like cancer and time demands strong character among police officers.”

The CBI court stated that corruption and bribery among public servants is one of the most important categories of economic offences, known as white collar crimes. According to the court, moral character is a virtue in this century as well, which is why the story of Munshi Prem Chand is a part of school syllabus even today.

The Case

A 2008 batch IPS officer, Singh was arrested by the CBI in October 2012 on the complaint of Chandigarh police inspector Anokh Singh, then SHO, Sector 26 police station. Desh Raj held charge of SP (City) at the time of his arrest. The CBI had produced before the court a recorded conversation between the SP and the SHO, in which Desh Raj was heard asking for a bribe. It was alleged that he demanded Rs 2 lakh from then SHO of Sector 26 police station, Anokh Singh for ‘taking care’ of an inquiry Desh Raj had initiated against him. Later, Anokh Singh contacted the CBI, which laid a trap and nabbed Desh Raj as he was accepting bribe.