Judicial magistrate convicted, jailed in Gujarat

The special sessions court, Ahmedabad (rural), on Monday convicted a judicial magistrate of illegal gratification and misappropriation of assets. Judicial magistrate, Pardi (Valsad district), Premji Gohil, was convicted under the Prevention of Corruption Act and sentenced to two years’ rigorous imprisonment.

While sentencing Gohil, the VK Vyas, the additional sessions Judge, observed that as the accused was a judge, the court could not take a lenient view in the matter.

The court then convicted Gohil to rigorous imprisonment of two years. However, Gohil’s wife, Shobhna, and his brother-in-law Pradip Makwana, who were also accused in the case, were acquitted for lack of evidence. 

The vigilance department of the Gujarat high court had initiated an inquiry against Gohil after the president of the Bar association, Pravin Shah, and other association members submitted several written complaints against him in 2002.   

After investigation, the vigilance department had filed a charge-sheet against Gohil, his wife and his brother-in-law. In its report, the department had stated that the judicial magistrate had collected Rs35 lakh from a couple as a gift deed. The charge-sheet further stated that Gohil had used that money to purchase a house in his village at Mangrol.

The vigilance department had also stated that the inquiry had revealed that Gohil had more assets then were explained by his income. The unaccounted income was obtained through illegal means, the vigilance charge-sheet alleged. 

The vigilance department had filed the chargesheet against Gohil, his wife and borther-in-law in February 2005. The chargesheet contained 42 items of documentary evidence and the statements of 36 witnesses. But the court primarily relied on the documents related to property registration and the gift deed giving Gohil Rs35 lakh.

Public prosecutor HG Majmudar argued that the gift deed was part of cooked-up proof intended to provide the accused an escape route. But even if the gift deed is considered valid, for a judicial officer to accept a gift in such a manner was unacceptable, the public prosecutor argued. There was strong evidence to prove illegal gratification, he said.

A team of three advocates which argued on behalf of Gohil stated that the money was taken officially and was a genuine gift. The lawyers further said that the judge had been falsely implicated in the case and the evidence against him was false.

Majumdar told DNA that in convicting Gohil, the court held that if Gohil had taken the property by legal means, he should have informed the high court of the possession or purchase of any property either in his name or in his family's name. In the present case, Gohil had failed to do so, a fact that indicated his guilt, the court said. After considering all the evidence, the court convicted the judge to two years rigorous imprisonment.

However, as the punishment was for less then three years in jail, Gohil moved a plea for bail and suspension of sentence till he had moved an appeal against the court's order. After hearing the argument from both sides, the court granted bail to Gohil.