1971 (10) TMI 118 - SC - Indian Laws

Military officers cleared of criminal charges due to emergency circumstances; procedural lapses deemed administrative errors.

Union of India (UOI) and Ors. Versus J.S. Khanna and Ors.

The Supreme Court upheld the High Court's decision, ruling that the military officers' actions, though irregular, were not criminal due to the emergency ... - Issues Involved:1. Alleged criminal conspiracy and fraud by military officers.2. Alleged administrative irregularities due to emergency conditions.3. Alleged acceptance of bribes by one of the officers.4. Alleged forgery of quotations and involvement of non-existent firms.5. Procedural lapses in placing and processing supply orders.Detailed Analysis:1. Alleged Criminal Conspiracy and Fraud by Military Officers:The prosecution alleged that the respondents, Lt. Col. J.S. Khanna and Res. Major Lala, along with others, entered into a criminal conspiracy to cheat and defraud the Government of India. They were accused of fabricating documents and accepting supplies in violation of rules. The Special Judge found a prima facie case and framed 13 charges against them under various sections of the Penal Code and the Prevention of Corruption Act, 1947. However, the High Court quashed these proceedings, stating that the actions of the officers amounted to administrative irregularities due to emergency conditions and did not constitute criminality.2. Alleged Administrative Irregularities Due to Emergency Conditions:The High Court noted that the alleged irregularities occurred during the Chinese aggression, an emergency situation where it was not feasible to follow peacetime procedures. The Tusker Project was an emergency operation, and supplies were indeed received, albeit not in strict compliance with the procedure. The Court concluded that the actions of the officers did not exhibit criminal intent but were rather administrative lapses due to the exigencies of the situation.3. Alleged Acceptance of Bribes by One of the Officers:The prosecution claimed that Res. Lala accepted bribes totaling about Rs. 4,200/- from Manik Motor Works. The evidence for this allegation was entries in an exercise book seized from the residence of Manik Chand. The High Court found that in the absence of proof regarding the authorship of these entries, no prima facie case of bribery was made out against Res. Lala. The only corroborative evidence was a statement by Havaldar Gupta regarding a Rs. 50/- payment, which was deemed insufficient to establish the bribery charge.4. Alleged Forgery of Quotations and Involvement of Non-Existent Firms:The prosecution alleged that Res. Lala introduced a non-existent firm, Auto Stores, into the list of approved firms to manipulate quotations. Quotations from United Motor Works and Darrang Transport were also allegedly forged. The High Court found no evidence linking Khanna to the forgery of quotations. It was Lala's duty to call for and process quotations, and there was no material to show Khanna's involvement in the alleged conspiracy. The statements of representatives from United Motor Works and Darrang Transport indicated that the quotations were forged, but there was no concrete evidence connecting the officers to this forgery.5. Procedural Lapses in Placing and Processing Supply Orders:The prosecution highlighted several procedural lapses, such as placing orders before obtaining quotations, paying exorbitant prices, and opening quotations without a second officer present. The High Court noted that many of these orders were placed by Brig. Mani, not Khanna, and were processed by Lala. The Court found that the procedural lapses could be attributed to the emergency conditions and did not necessarily indicate fraudulent intent. The Court also noted that the accounting section accepted these orders without objection, suggesting that any irregularities were not detected even by the auditors.Conclusion:The Supreme Court upheld the High Court's judgment, emphasizing that the actions of the officers, while irregular, were not criminal in nature given the emergency conditions. The allegations of bribery, forgery, and conspiracy were not substantiated by concrete evidence. The procedural lapses were seen as administrative irregularities rather than acts of criminal misconduct. The appeal by the Union of India was thus dismissed, and the order of the High Court quashing the charges was affirmed.