A Special CBI Court here on Saturday sentenced the former BJP president, Bangaru Laxman, who has been convicted of corruption charges, to four-year rigorous imprisonment. It also imposed a fine of Rs.1 lakh on him.
On Friday, he was held guilty of accepting money, to facilitate government contracts, from Tehelka journalists posing as arms dealers. They filmed him in a sting operation in 2001, causing an uproar and considerable embarrassment to the then NDA government, forcing Mr. Laxman to resign.
In his order, Special Judge Kanwal Jeet Arora said: “The sab chalta hai [everything goes] syndrome has led to the present situation where nothing moves without an illegal consideration.”
The judge also opined that corruption was worse than prostitution, as the “latter might endanger the morals of an individual, whereas the former invariably endangers the entire society. It is virulent for the nation and makes people full of ire. However, the problem is that when a society publicly rues corruption, but privately indulges in it, we need to ask ourselves, do we really want a corruption-free society?”
Mr. Arora said Mr. Laxman had agreed to compromise the security and safety of the nation with a company, Westend International, which approached him for securing an order for supplying the Army with defence-related equipment. “The convict agreed to compromise with the lives of lakhs of soldiers who, without fearing for their lives, fight for the nation. He agreed to extend his influence for getting a supply order in their favour with respect to defence-related equipment for his personal gains, without giving a thought that the equipment of this company may or may not be of sub-standard quality.”
Mr. Laxman pleaded for leniency on medical grounds, claiming he was a heart patient and had undergone a coronary bypass surgery. The judge also disagreed with defence counsel's plea for a lighter punishment in view of the company and the product the journalists peddled being fictitious, and hence no “possible wrong” was committed by the convict.
“No doubt, the company, Westend International, and the product, HHTIs [Hand-held Thermal Imagers], which they were promoting were both fictitious, but this fact was only known to the representatives of the company, who had approached the convict for favour. Convict Bangaru Laxman had agreed to exert his personal influence in favour of the fictitious company for his personal gains by way of getting ‘illegal gratification' with the intention and belief that the product for which a supply order is required is genuine.”
Mr. Arora further said Mr. Laxman, who was the leader of a political party, was expected to lead by example. “Considering the gravity and the impact which his influence would have had on the lives of the soldiers of the Indian Army, had the design of convict materialised, I am of the opinion that there are no mitigating circumstances, and he does not deserve the leniency sought for him…He, being president of a political party, was supposed to have shown exemplary character to lead by example. But that was not to be. Therefore, the result of the path chosen by him should be such,” that it would deter others from taking the same path.
Mr. Arora noted that Section 9 of the Prevention of Corruption Act, under which Mr. Laxman was charged, and Section 163 of the Indian Penal Code related to taking of bribe, but both differed in punishment, with the IPC providing for just one-year simple imprisonment.
The Judge wrote: “Parliament must have had good reasons to enhance the punishment [in the Prevention of Corruption Act] to a minimum imprisonment of six months and a maximum… [of] five years, with liability to pay fine as well. Obviously, cognisance has been taken of a widespread prevalence of [the] practice of exertion of personal influence on public servants by people acting to favour third party, from whom they have obtained ‘illegal gratification'…People are forced to pay for getting even the ‘right things done at right time.' It is high time to shun this attitude.”
Keywords: Tehelka sting operation, Bangaru Laxman, fake arms deal
It is a small beginning on the wide canvas of corruption elimination in India. Rs 1,00,000 is an extremely small amount, but would give a strong message that judiciary takes its role seriously. Unfortunately those in government act when they see political benefit. CBI should be well resourced, autonomous, and free to act on its own.
In spite of the opinions of experts that the judgment of the Delhi lower Court punishing Bangaru Laxman is unlikely to stand rigourous legal treatment on appeal, one should not ignore the importance of the case. The sting operation by Tehelka and the subsequent legal exercises are relevant to the great extent of evaluating a political leader. All political parties and the voters at large shall exhibit the determination and courage to distance themselves from such 'so-called' leaders.
Poor fellow, fell a victim of a fake episode. The real beneficiary escapes without any evidence or investigation, even at NDA time; take for example the aluminium coffin case for 7000/- 1L 7000/- was charged and hushed up; After Kargil War 3500/-Cr and 12000/-Cr scrap out dated arms were bought and CAG reports but ignored. And so many but media jumps back to Bofors where there is nothing left to investigate.
Considering the gravity and the impact which his influence would have had on the lives of the soldiers of the Indian Army, had the design of convict materialised,....
This is not correct. It isnt as if Laxman knew that the product offered was of inferior quality and still agreed to place order for it. Yes, he agreed to show favour and took money for it and deserves the punishment but where do the lives of Indian Soldiers get endangered?
It is often said that the justice delayed is justice denied. But thanks to justice Arora for awarding former bjp president Bangaru Laxman to four year jail term in a fake arms deal case." Definitely, this historical judgement will give a strong message and will serve as a deterrent to all other leaders, politicians and bureaucrats who are involved in the same malpractice. Though justice is delayed but finally justice is met. Because of these corrupt politicians people are forced to pay for getting even right things done at right time. Obsession of power and money has turned them blind. Every now and then endless cases of corruptions and bribery are being reported. It is a high time for our judiciary to set an example to the world, at a time when credibility of our judiciary system is under question.
A good judgement. Good to read that the sitting judge applied the law to deliver punishment to the extent of law. Politicians/public servants not only set the policies but also set the tone of the society. If national leaders are themselves corrupt, how would they help eliminate corruption.
In my opinion, when lives of soldiers and integrity of the nation is at stake, 4 years imprisonment is not enough for such crime. It should carry life imprisonment or worse, only then it will deter these people from committing such crimes.
It has taken 11 years to solve this case which created an uproar in the
entire nation. Imagine the plight of more complicated cases. Justice
delayed is justice denied!
Wow, really? Jailed for such a small sum of bribery? The Indian legal system must be on the uptick. We should get the other goons behind bars - Deve Gowda, Kumaraswamy, Bangarappa, Rabri, Lalu - the galaxy of exotic crooks!
Accused in fake arm deal gets imprisonment and fine. When will the CBI punish the corrupt people who have done real deals and got caught. Does UPA through CBI targetting BJP?
Strange!!!! this verdict has shut the mouth of all curruption compaigners and none has commented till now?
While Tehelka was able to catch 72 year old on camera, it is unfortunate that no one comes forward to expose the excesses of Congress Party and get them convicted, while selectively targeting opposition. If only 5 years of NDA rule was replete of corruptions and scandal, it means we would be well ahead of our Chinese and U.S counterparts in all fields, as for 57 years we were ruled by Congress Party. Doesn't that mean we are really giving clean chit to Elephants, Cycles and other UPA allies which have been trying to create a history for themselves by splurging crores of public money? Nevertheless one needs to commend The Hindu umpteen number of times for its Bofor's Scandal expose. Esteemed personalities like Mr.N.Ram, a statesman who had the grit to take up the biggest defense scandal, would have been served with a pat on his back, had he got Congress Chairperson, made co-accused in the Bofor's scandal, if the person's involvement can be proved in Court beyond reasonable doubt.
First time I am reading this news that a top political leader is convicted and sent to jail on the charge of corruption. I think this is the beginning. Others who are also on the row should be ready for the same outcome. Our system may be corrupt but it is not like that of JUDICIARY. We, the common people (AAM ADMI), mostly victims of corruption at higher level, respect and praise the verdict. But we should not forget that Bharatiya Janata Party (BJP) president Bangaru Laxman was caught in STING OPERATION, but such culprits are very clever and it becomes very difficult to prove the crime. So, system has to be changed. After all this is a precedent judgement and the observation of the hon'ble judge that "‘Sab chalta hai’ syndrome has led us to the present situation", applies to our present system. It
has to be changed and time has come.
Good to see Hindu exposing the news related to corruption. If a parliment member taking a bribe of 1 lac was sentenced to imprisonment for 4 years, what should be the imprisonment for biggies involved in the 2G spectrum? They should be pronounced life sentence then?
Please Email the Editor