CHONGTHAM GOJENDRO SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) These Anticipatory Bail Applications involves issues of great public importance pertaining to the importance of individual's personal liberty and the society's interest because every criminal offence is the offence against the State. The order granting or refusing bail must reflect perfect balance between the conflicting interests, namely, sanctity of individual liberty and the interest of the society. The law of bails dovetails two conflicting interests namely, on the one hand, the requirements of shielding the society from the hazards of those committing crimes and potentiality of repeating the same crime while on bail and on the other hand absolute adherence of the fundamental principle of criminal jurisprudence regarding presumption of innocence of an accused until he is I found guilty and the sanctity of individual liberty.

(2.) The Loktak Development Authority (LDA) which includes the then Chairman, LDA Shri O. Ibobi Singh the then Chief Minister of Manipur' the then Vice Chairman LDA, Shri Th. Debendra Singh, the then Minister Forest & Envt. Shri Ch.Gojendro Singh, the then Project Director (Member Secretary, LDA) and others took a decision in a meeting held on 05.09.2008 without any consent of a cabinet or other members of LDA in which M/s Progressive Construction Ltd (PCL) Hyderabad was allowed to execute a work for removal of Phumdi on Loktak Lake without calling any tender on trial basis as Departmental work by the LDA through M/s Progressive Construction Ltd (PCL) against the CPWD norms at the estimated cost of Rs.3,06,10,000/- (rupees three crores six lakhs ten thousand only) which clearly indicates favouring M/s Progressive Construction Ltd (PCL) Hyderabad by abusing their official position.

(3.) That, Shri Chiranjeevi, the then Project Director M/s PCL submitted his proposal letter dated 05.08.2008 to the Project Director, LDA on the same day in which the meeting was held as mentioned above. It further revealed that M/s PCL submitted the proposal-letter to the LDA without any corresponding letter from LDA. The proposal letter of M/s PCL was accepted by Shri.Gojendro Singh, the then Project Director, LDA.