HC asks registry to submit evidence in Sukhram case

The Delhi High Court today asked its Registry to submit records and evidence against former Union minister Sukhram, who was convicted and awarded a three-year jail term by a lower court in a corruption case.
   
A division bench of Justices Pradeep Nandrajog and Suresh Kait passed the order while hearing the appeal of Sukhram after a single-judge bench of the court referred his petition to a larger bench citing legal lacunae in the case under the Prevention of Corruption Act.

The judges said, "The Registrar (Appeals) is directed to ensure that a compilation of evidence be prepared and filed by October 26."

The bench said it would decide the appeal and the legal questions raised by Justice S Muralidhar, who had refused to pass any order on the petition.

Justice Muralidhar had asked if a minister or publicservant could be convicted for causing loss to state exchequer when receipt of pecuniary benefit was not proved.

The single-judge bench had held that the Act on this aspect was not clear and referred 86-year-old Sukhram's appeal to a larger bench.

Sukhram was held guilty in 2002 for causing a loss of Rs 1.86 crore to the state exchequer in giving a contract to a private company for supply of telecom equipment. Justice Muralidhar had observed it was not proved by the CBI that he got pecuniary benefit out of the contract.

The single-judge bench did not deliberate on the merits of the case saying it was not clear under the law as to when a decision taken by a public servant can be termed as an "abuse"of power.
   
Sukhram was convicted and sentenced to three years imprisonment for his involvement in the telecom scam during the regime of former prime minister PV Narasimha Rao.
   
He was convicted in July 2002 along with former deputy director general in the Department of Telecom (DoT) Runu Ghosh and managing director of the private firm M/S Advanced Radio Ltd, P Ramarao.