BINOD BEHARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this set of three criminal writ jurisdiction cases invoking the constitutional right of speedy public trial, the facts read like a chronicle of old history, rather than those of a current prosecution. It is unnecessary to delve into them too deeply because gross and fatal delay herein is writ large on the fact of the impugned proceedings, which, to put it lightly, have virtually celebrated their silver jubilee.

(2.) The basic matrix may be noticed from Subodh Chandra Deogharia v. The State of Bihar and another (Criminal Writ Jurisdiction Case No. 140 of 1986). It would appear that the genesis of the alleged crime is laid between the year 1962 to the end of the year 1965. The petitioner then was a Divisional Accountant under the Electrical Executive Engineer in the then Department of Electricity of the State Government and it is his claim that his duties were merely contend to accounting and he was posted only for a brief period of nine months from January, 1965 to September, 1965 on the relevant post. The larger allegation made on behalf of the petitioner is that In the year 1967 after a humiliating defeat of the Congress Party a untied front Government consisting of a conglomerate of different political parties was formed in the State of Bihar, However. On coming to power, this Government had to immediately face an unprecedented famine during the year 1967 and one of the contributing causes was allegedly the non-availability of electricity for irrigation purposes. Inevitably the court of the State Electricity Department as also the State Electricity Board came under a scathing criticism of the people. The Minister in charge of the Electricity Department thereupon decided to resort to launching of criminal, prosecutions against the officers and the employees of the Electricity Department and the Board primarily to project a clean image for the new government in contrast with the earlier Congress Government in order to decry the alleged corrupt practices of the previous government. Consequently he directed the institution of criminal cases indiscriminately on flimsy grounds and without verifying or finding out the guilt of different officers and entrusted the investigation of the same to the Central Bureau of Investigation.

(3.) In the course of the said investigation the Superintendent of Police, C.B.I. on the 1st of January, 1969, recorded that Information had been received that during the long period running from 1962 to 1965 some officers of the Electricity Department and the Board in criminal conspiracy with many others had, by corrupt and illegal means or otherwise abused their position as public servants and had obtained pecuniary advantage by making non-planned and irregular purchases of materials and showing excessive payments there for. On that basis a first information report dated the 4th of January. 1969 was registered under Section 120- B of the Indian Penal Code, read with Section 5 (2) of the Prevention of Corruption Act. A true copy of the said first information report is Annexure? to the writ petition. Thereafter a long period of investigation extending beyond 3 years, followed and it was not till the 25th April. 1972 that the charge-sheet was submitted in the Court. Therein the names of nearly over 100 persons were cited as witnesses and equally large number of documents, etc., were sought to be relied upon. Thereafter the matter dragged on in court with innumerable adjournments sought for by the prosecution and a failure on their part to deliver the requisite documents to the petitioner and other accused persons. It was not till the 10th of April, 1974 that cognizance of the offence was taken against the petitioner and 18 other accused persons.