NEW DELHI: For decades, the Supreme Court has bemoaned the erosion of public confidence in the judiciary as access to justice has been slow, especially for ordinary citizens. This week, the agency concluded a corruption case that had dragged on for nearly 32 years, including six years in the trial court, 14 years in the High Court and 11 years in the Supreme Court, Dhananjay Mahapatra reported. The case relates to the incident on March 24, 1994, of siphoning off 400 cement bags destined for the Aurangabad Public Works Department. Six years later, on April 3, 2000, the trial court convicted the defendant. It took the Bombay High Court more than 14 years to agree with the trial court’s judgment.Following appeal, the case was pending in the Supreme Court for ten years before being listed for final hearing before a bench of Justices BV Nagarathna and R Mahadevan, who reserved the verdict on August 21 last year. On Friday, nearly six months later, Justice Mahadevan acquitted the accused.Justice Mahadevan said, “Both the trial court and the High Court were of the view that the appellant (accused) failed to provide any satisfactory explanation or documentary proof in possession of (cement bags). These findings are substantially factual and are supported by the evidence on record.” Despite the evidence against the accused, Justices Nagarathna and Mahadevan acquitted the accused, saying the prosecution had charged them under the provisions of the Essential Commodities Act and cement was not a commodity covered by the Act on the date of suction.“Having said that, considering the nature of the charges and the evidence collected, the investigating agency should have invoked appropriate sections of the Indian Penal Code,” the statement said, acquitting the accused and saying, “This lapse, therefore, is solely the responsibility of the investigating agency.”
