CHENNAI: A person who isn’t a public servant, but conspired with government officials to cause loss to the exchequer, can also be tried under the Prevention of Corruption Act, a special court has ruled recently.
It dismissed a petition filed by a member of the Virugambakkam Carpenter and Blacksmith workers co-operative, who was booked by the DVAC (Directorate of Vigilance and Anti Corruption) pertaining to a work undertaken by the society between November 2010 and March 2011. According to C Amal Doss’ petition, he was included as an accused in a FIR registered by the DVAC without adequate material against him and claimed that the complaint was politically motivated. He further contended that he was only a member of the society and not a public servant, and hence provisions of the Act does not apply to him.
In response, the prosecution contended that the petitioner conspired with four other public servants to defraud the government. All four and Amal Doss were named as accused. The main accused in the case, the prosecution stated, had placed orders with the Virugambakkam Carpentry Blacksmith Co-operative society for painting of 166 steel racks and 29 wooden almirahs at Rs 3.9 lakh cost. One other accused then put up a note stating the petitioner had completed the work in a good manner when the work hadn’t even begun.
Since the 2011 legislative election was around the corner, code of conduct was imposed and the proposal sent to the finance department for approval was passed on to the election commission. “The money was not disbursed, but in pursuance of their criminal conspiracy, the petitioner wilfully and with an intent to defraud the government prepared a forged bill as if he had completed the work. So he was also included as an accused,” the prosecution submitted.
Special judge J Omprakash, of the special court for cases under the Prevention of Corruption Act, Chennai, after perusing submissions by either sides, pointed out that the main allegation against the petitioner is that he conspired with the public servants to have pecuniary advantage for himself and others. “As per section 3 (b) of the PC Act, if any person conspired to commit offence under the Act, he can also be tried by the special court concerned,” the court pointed out and dismissed the petition.