‘Sword of Damocles’: HC grants relief to 90-year-old in 1984 bribery case

New Delhi: The Delhi High Court has granted relief to a 90-year-old man convicted in a 1984 corruption case, reducing his sentence to a single day. The court remarked that the prolonged delay in proceedings was “plainly at odds” with the constitutional mandate of a speedy trial.

Justice Jasmeet Singh, while using the analogy of the “Sword of Damocles”, said the lingering uncertainty surrounding the man’s fate over 40 years constituted a mitigating factor.

"A vital mitigating factor in considering the sentence is the appellant‘s advanced age. At 90 years of age, suffering from serious health ailments, he is highly vulnerable to the physical and psychological impact of incarceration. Any such imprisonment would risk causing irreversible harm and would defeat the very objective of mitigating the sentence," the judge said on July 8.

He further noted, "This is a fit case for reducing the quantum of sentence of the appellant considering the mitigating circumstances. Hence, the sentence of the appellant is reduced to the time already served. The appeal is partly allowed."

The corruption case stemmed from an incident that occurred in January 1984, but the trial took 19 years to conclude, and the appeal remained pending for another 22 years. The court stated, "Such inordinate delay is plainly at odds with the constitutional mandate of a speedy trial envisaged under Article 21 of the Constitution of India."

The man, identified as former senior officer of the State Trading Corporation of India (STC) Surendra Kumar, was incarcerated for a day. Despite being found guilty under the Prevention of Corruption Act and the IPC, Kumar did not challenge his conviction, which the court noted “will remain with him for his entire life”.

Kumar, then serving as chief marketing manager at STC, was arrested in 1984 for allegedly demanding a bribe of ₹15,000 from a supplier. He was granted bail shortly after but was convicted in 2002. He filed an appeal that same year against the trial court's decision sentencing him to three years imprisonment and imposing a ₹15,000 fine.

According to the FIR, STC had floated a tender for the supply of 140 tonnes of dried fish. A Mumbai-based firm responded via partner Abdul Karim Hamid, who later became the complainant.

Hamid alleged that Kumar assured him the STC would award his firm the contract but demanded ₹15,000 in return. Kumar reportedly asked Hamid to deliver ₹7,500 at a hotel the next day and pay the rest after the deal was finalised.

Hamid alerted the CBI, and a raiding team apprehended Kumar during the exchange. The High Court noted that the convict had already deposited the ₹15,000 fine imposed in 2002.

(inputs from PTI)