Ex-minister’s acquittal in TV case upheld

Justice G Jayachandran, who confirmed the acquittal in his order, said, “After a careful perusal of the entire records and the submissions made by the counsels this court finds that the reasons given by the trial court for acquitting of the accused is a plausible view. The prosecution failed to conduct the investigation properly and collect adequate materials to place before the court to substantiate the charges.”

The matter relates to purchase of 4,000 color TV sets between 1994-1996 for the Directorate of Rural Development (DRD). As per the prosecution, Selvaganapathy as a minister indulged in a criminal conspiracy with C Bommai Nayakar, Branch Manager, ECIL Limited, Chennai and B Purushothaman, Deputy General Manager, ECIL of Secundrabad and received Rs 40.60 lakh as illegal gratification.

The CBI registered a case. However, the special judge for CBI cases by a judgment on January 23, 2009, acquitted the three from all charges. Thereafter, the CBI moved an appeal in the HC challenging it.

Justice Jayachandran, dismissing the appeal held, “The failure of prosecution in marshaling the evidence and adequately proving the charges forced the trail court to acquit the accused. The lapses of the prosecution had led to the trail court to arrive at the conclusion that the accused are not proved guilty. This court is not inclined to interfere with the findings of the lower court. Appeal dismissed.”