Chief Judicial Justice of the Peace (CJM) Deepak Kumar of Rouse Avenue Courtroom was two years outdated when this case was first registered in 1986. Kumar, now 41, has been listening to the identical case for the final 5 months, ever since he was transferred to Rouse from Dwarka Courtroom late October final yr.
For practically 4 a long time, the recordsdata of this financial institution fraud case, now tattered and frayed, have traversed the chambers of innumerable judges — 11 within the final 5 years alone. Shut to 6 months in the past, the recordsdata lastly landed in Choose Kumar’s court docket.
That is the oldest pending felony case in Delhi’s decrease Courts, in line with the Nationwide Judicial Datagrid.
On January 24, an aged man wearing a beige jacket, black pants, and sports activities sneakers held a stack of recordsdata below his left arm.
As he slowly stepped in direction of Kumar’s courtroom, he appeared exhausted. This was 78-year-old S Ok Tyagi, the primary accused within the case. After 39 years, he had determined to plead responsible.
“I’m supplying you with per week to suppose over your determination,” CJM Kumar informed Tyagi as he checked out his software. Tyagi, nevertheless, appeared resolute.
On March 20, 1986, the information present, two complaints made by the Regional Supervisor, Punjab & Sind Financial institution, New Delhi, and by the Chief Vigilance Officer of the financial institution alleging fraud have been clubbed collectively by the CBI to register this case. Two years later, a chargesheet was filed in opposition to 13 individuals.
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The allegation was that the accused had prompted a lack of Rs 32 lakh to the financial institution by making fraudulent transactions and illegally depositing cash in their very own accounts. Tyagi was accused of dishonest Punjab & Sind Financial institution by falsifying the accounts, by making false credit score entries, and clearing cheques for fee with out there being any cash in his account in 1984-85.
On Might 28, 2001, 13 years after the chargesheet was filed, the then Further Chief Metropolitan Justice of the Peace, J P S Malik of Tis Hazari Courtroom, framed costs in opposition to all of the accused individuals below sections 420 (dishonest and dishonestly inducing supply of property), 468 (forgery for the aim of dishonest), 477A (falsification of accounts), and 120 B (felony conspiracy) of the Indian Penal Code.
There isn’t a data out there relating to the progress of this case between 2001 and 2019. The Indian Categorical visited Tis Hazari Courtroom, the place this case was happening at the moment, however couldn’t find the case information.
In July 2019, the case was transferred to Rouse Avenue Courtroom. For the final six years, the trial in opposition to 4 accused, together with Tyagi, has been happening. Two of the 4 accused — Subhash Garg and RK Malhotra — have died. Whereas Garg handed away earlier than the case got here to Rouse, Malhotra died on April 19, 2021.
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On January 29, Tyagi returned to Choose Kumar’s court docket. His lawyer, M S Arora, accompanied him. Tyagi checked out ease as a result of he had made up his thoughts. He wished to plead responsible.
The decide defined to him the implications and penalties of pleading responsible. Tyagi listened patiently. As soon as the decide stopped, Tyagi consulted his lawyer, murmuring in whispers. A minute later, he reiterated his determination to plead responsible.
Requesting the court docket for a lenient sentence, Tyagi, a postgraduate in economics, submitted that he was 78 years outdated and had no supply of revenue. He additionally informed the court docket that his spouse, whose revenue he’s depending on, has Parkinson’s illness. The truth that the cash taken from the financial institution had been returned to it within the type of a one-time settlement (OTS) was additionally talked about by him. “Real regret” for the act and an assurance to not “repeat it sooner or later” have been additionally relied upon.
Choose Kumar, in his order dated January 28, mentioned: “Within the mild of the mentioned voluntary plea of guilt, there isn’t a purpose to doubt the case of the prosecution. Furthermore, there’s nothing within the CrPC that forestalls the accused individuals from pleading responsible at any subsequent stage of the trial… S Ok Tyagi is hereby convicted…”
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“The convict has proven real want to repent, subsequently, he should be granted honest alternative for reformation, in order that he can turn into a helpful citizen of the nation… Concurrently, the convict should be awarded such a sentence which discourages different like-minded folks… from getting into the world of crime,” the decide famous whereas sentencing Tyagi “until rising of Courtroom” for his involvement within the offences.
Until rising of the court docket is a sentence that requires an accused particular person to stay in custody till the court docket closes for the day. Tyagi was additionally fined Rs 10,000 for every offence.
Tyagi had spent two days in judicial custody after his arrest initially of the case, in line with court docket information.
With two accused passing away and one pleading responsible, the trial is successfully pending in opposition to one particular person solely — Neelu Malhotra. Whereas this would possibly streamline the proceedings, it is not going to essentially velocity up the trial.
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The CBI officers who’ve labored on the case have modified a number of instances. In actual fact, the premier investigation company has been run by 25 administrators from 1986 to 2024.
The main points of the older Public Prosecutors within the case are additionally not out there as nobody (together with the attorneys of the accused) has been a continuing on this case. The CBI is at the moment being represented by Public Prosecutor Vikas Khatri.
