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Synopsis

Former Haryana Chief Minister OM Prakash Chautala has moved Delhi High Court challenging the trial court’s order which sentenced him to four years of imprisonment and a fine of Rs. 50 lakhs in the disproportionate assets (DA) case.

On May 27, 2022 Special Judge Vikas Dhull of the Rouse Avenue Court, Delhi sentenced Chautala to four years imprisonment and a fine of Rs. 50 Lakhs in the DA case and directed the concerned authorities to confiscate four of his properties.

Special CBI Court had observed that the maxim “power corrupts; absolute power corrupts absolutely” can be applied to the case of the convict.

As per the CBI, Chautala had committed an offence under Section 13(1)(e) of the Prevention of Corruption Act, 1988 [PC Act] during the period from 1993 to 2006 and the said offence is punishable under Section 13(2) of the PC Act.

Special CBI Court had also observed, “The factum of galloping rise in cases where misuse of official positions is done by public servants to acquire assets is another factor which weighs in the mind of this court against leniency in sentencing the convict so that a strong message is sent to the potential offenders that in case, they acquire assets abusing their official positions, then not only they will be punished heavily but even their properties so acquired shall be liable for confiscation.”

The Special Court had relied upon the Apex Court's judgments in Mirza Iqbal Hussain through Askari Begum Vs. State of Uttar Pradesh (1982) and State of Karnataka Vs. Selvi J.Jayalalitha & Ors. (2017), wherein it affirmed that the court has the power to confiscate the properties of a convict under Section 457 Cr. P.C in an offence of disproportionate assets under the PC Act, 1988.

CBI Court had ordered to confiscate the assets of Chautala under Section 13(1)(e) read with 13(2) of PC Act, 1988 to the tune of Rs. 2.81 Crores. Accordingly, four properties of Chautala are confiscated by the Government of India.

“Therefore, this court while exercising its power under Section 16 of the PC Act, 1988 and having regard to the balance DA to the tune of Rs.32,59,087.94p., hereby impose a fine of Rs.50,00,000/- (Rupees Fifty Lacs only) upon the convict. Out of the said fine, Rs.5 Lacs shall be given to the CBI in defraying the expenses incurred in the prosecution/investigation. In the event of default in the payment of fine, the convict shall further undergo Simple Imprisonment of 06 months,” the Special CBI Court had concluded.

[Inputs: ANI]