AJIT DATTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THOSE who were involved in the scam had been making futile and unsuccessful attempts to scuttle the due porcess of law from the very inception and hence the case has a legacy of chequered career.

(2.) SUSPECTING scam in purchase of Police uniform and accessories, a Police case came to be registered by the Central Bureau of Investigation (for short CBI) against some of the top police officers in the hierarchy of the State Police administration. Jurisdiction of this Court was invoked when with some riders, first information report has been quashed. C.B.I took up the matter to the Apex Court when upholding submission of the CBI, the Apex Court directed deep probe in the matter, pursuant to which involvement of many persons had surfaced during investigation and charge sheet came to be submitted before the Special Judge, CBI, Patna to set the ball in motion and to put those involved in the scam, at trial with leave of the Apex Court. Now when the ball is in the courtyard of the trial court, validity of the prosecution is again being questioned by the petitioner, who was at the relevant time Superintendent of Police, Nalanda, Biharsharif, and even before this, petitioner in Cr. Misc. No. 13551 of 1996 had moved this Court against order of cognizance and rejection of prayer by the trial court for recall of warrant of arrest and other allied matters involved in the proceeding and the whole exercise then was lost without any salutary result.

(3.) NOW excuses on which accusations attributed to the petitioner are sought to be justified can be noticed, and thrust of argument of the learned counsel for the petitioner was that since centralized system of purchase and supply of the Police uniform and its accessories had virtually collapsed, local purchase had become inevitable due to inherent weakness of the centralised system of purchase and improper functioning of supply wing of D.G and I.G. of Police. No other alternative remedy was left to the petitioner but to resort to such local purchases to cater to the needs of the Police personnel stationed at Biharsharif in wake of deployment of large police force during communal riot that had erupted in the city and adjoining areas in the year 1981. The police, to curb the riot, that had erupted there, had posted petitioner along with other Police Officers, and in recognition of his valued service rendered by him, after the riot came under control, he was posted as Superintendent of Police at Biharsharif, where he functioned during the period from 10.8.1981 to 6.3.1984. Since in the wake of riot, there had been deployment of large police personnel at Biharsharif to curb down riot, large scale purchases were required to be made to equip the Police force with their essential uniforms, and though the purchases were required to be procured by a Central Purchase Committee, the said committee was not able to procure and supply essential uniform items and also that these items were not available in the Central Clothing Store at Patna. As usual, it is urged, to meet certain eventualities and exigencies like eruption of riot, holding of examinations, and holding of elections, bulk purchases are required to be made for these contingent situations.