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Special Leave Petition (Civil) No. 9967 of 2013. Case: Vidya Dhar and Ors. Vs Multi Screen Media Pvt. Ltd.. Supreme Court

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Case NumberSpecial Leave Petition (Civil) No. 9967 of 2013
Party NameVidya Dhar and Ors. Vs Multi Screen Media Pvt. Ltd.
CounselFor Appellant: Giriraj Subramanium, Salman Hashmi and Liz Mathew, Advs. and For Respondents: Subramonium Prasad, Adv.
JudgesAltamas Kabir, C.J.I., Anil R. Dave and Vikramajit Sen, JJ.
IssuePrevention of Corruption Act, 1988 - Sections 13(1), 13(2); Code of Criminal Procedure (CrPC), 1973 - Section 389; Indian Penal Code - Sections 120B, 420, 467, 468, 471
Citation2013 (99) ALR 471, 2013 (2) ALT 309 (Cri), 2013 (4) AWC 3400 SC, 2013 (3) CDR 729 (SC), 2013 (4) CHN 95, 2013 (136) DRJ 504, 2013 (3) JLJR 164, JT 2013 (8) SC 566, 2013 (2) KHC 631, 2013 (3) PLJR 247, 2013 (2) RCR 930 (Civil), 2013 (6) SCALE 547, 2013 (10) SCC 145, 2013 (2) SCC (LS) 869
Judgement DateMay 03, 2013
CourtSupreme Court

Judgment:

Altamas Kabir, C.J.I.

  1. The three Petitioners before us are now detained in judicial custody in the Tihar Jail on being convicted under Section 120B of Indian Penal Code read with Section 13(2) of the Prevention of Corruption Act, 1988.

  2. The Petitioner No. 3 was the Chief Minister of the State of Haryana from 1999 to 2005 and during his tenure 3206 Junior Basic Trained Teachers were recruited in the year 2000. During that time, one Shri Sanjiv Kumar, IAS, was the Director, Primary Education, Government of Haryana.

  3. From 2000 onwards, upon certain facts being brought to the knowledge of the Government of Haryana, several disciplinary and vigilance inquiries were initiated against the said Shri Sanjiv Kumar. An FIR was registered against him under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.

  4. While the said inquiries were pending, Shri Sanjiv Kumar filed Writ Petition (Criminal) No. 93/2003 before this Court, holding himself out to be a whistle blower and claiming that while he was functioning as Director, Primary Education, Haryana, he was pressurized into altering the lists for appointment of Junior Basic Trained Teachers. Since, he had resisted and did not succumb to such pressure, he was being unfairly targeted by the administration.

  5. On the basis of the said Writ Petition, this Court on 25.11.2003, directed the Central Bureau of Investigation, hereinafter referred to as "CBI", to inquire into the allegations made therein. Pursuant to such direction, the CBI registered a Preliminary Enquiry bearing No. PE 1(A)/2003/ACU-IX dated 12.12.2003. Subsequently, the said Preliminary Enquiry was converted into RC 3(A)/2004/ACU-IX on 24.5.2004, under Section 120B read with Section 420/467/468/471 of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.

  6. On completion of investigation, the CBI filed a charge-sheet on 16.1.2013, against various persons including Shri Sanjiv Kumar, IAS. The CBI also named the Petitioners herein as accused in the said case. The trial of the case was conducted by the learned Special Judge, Rohini, Delhi, who by his judgment and order dated 16.1.2013, convicted the Petitioners and the said Shri Sanjiv Kumar, IAS, amongst others and on 22.1.2013, sentenced the Petitioners to 10 years of rigorous imprisonment in respect of conviction under Section 120B of Indian Penal Code and for the period of 7 years of...

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