Wednesday, August 1, 2018

HC confirms ex-minister’s acquittal in colour TV case

Fraud Caused ₹10.16Cr Loss To State: CBI

TIMES NEWS NETWORK

Chennai:01.08.2018

Nearly 25 years after creating a splash by registering corruption case against a then key member of former CM J Jayalalithaa’s first cabinet, TM Selvaganapathy, the Central Bureau of Investigation (CBI) lost the case, as Madras high court confirmed Selvaganapathy’s acquittal on Tuesday. The case pertains to alleged irregularities in the purchase of 40,000 colour television sets between 1994 and 1996 for free distribution to panchayats. According to the CBI, the suspected fraud caused a loss of ₹10.16 crore to the exchequer.

However, rejecting the case on Tuesday, Justice G Jayachandran said: “After a careful perusal of the entire records and the submissions made by counsel, this court finds that the reasons given by the trial court for acquitting the accused is a plausible view. The prosecution failed to conduct the investigation properly and collect adequate materials to place before the court to substantiate the charges.” He was passing orders confirming the acquittal order passed by the special court for CBI cases, and dismissing an appeal filed by the central agency.

Failure on the part of the prosecution in marshalling the evidence to adequately prove the charges forced the trail court to acquit the accused.“This court is not inclined to interfere with the findings of the lower court,” the judge added.

There were two parallel proceedings in the matter. While the first case registered by CBCID featured former chief minister Jayalalithaa, her aide Sasikala and the then local administration minister Selvaganapathy, the CBI case did not name the first two as accused. Though all the accused were convicted by a trial court in August 2009, the high court reversed the verdict and acquitted all the accused in the CBCID case.

The CBI had also initiated penal proceedings in the colour TV scandal against senior officials of Electronic Corporation of India Limited (ECIL) which supplied the TVs. The case was separately tried in a special court for CBI cases. In January 2009, the CBI court acquitted all the accused, against which the CBI preferred the present appeal.

The charges were that Selvaganapathy, as minister of local administration, allegedly entered into criminal conspiracy with C Bommai Nayakar, then branch manager of ECIL, Chennai and B Purushothaman, deputy general manager, ECIL of Secundrabad and received ₹40.60 lakh as illegal gratification.

The CBI registered a case under sections120B (criminal conspiracy), 420 (cheating) of IPC and under sections 7,13(2) read with 13(1)(d) of the Prevention of Corruption Act.

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