Court to pass sentence against P K Thungon on Monday

A Delhi court today said it would pronounce on Monday the sentence against former union minister P K Thungon who was convicted in a graft case for his role in a scam relating to allotment of government shops here during 1993-94.
Special Judge Sanjeev Aggarwal, after hearing arguments on quantum of sentence, reserved the order for February 29.
The court had yesterday convicted Thungon, former Chief Minister of Arunachal Pradesh, and acquitted two other accused -- LakhpaTseringand Krishna-- in the case.
Thungon was the Minister of State for Urban Affairs and Employment at the time of alleged offence.
Apart from them, then Urban Affairs and Employment Minister Sheila Kaul, and one Tulsi Balodi were also accused in the case. Proceedings against Kaul and Balodi were abated as they died during the pendency of trial.

The court, however, has also found Kaul guilty in the case for conspiring and committing the illegal act.

"Vide separate judgment..., it was found that there was a clear cut conspiracy between accused 1 (deceased Kaul) and accused 2 (Thungon) for committing the illegal act or to commit the offence punishable under the provisions of the Prevention of Corruption Act.
"Since accused Sheila Kaul has already expired and the proceedings against her has stood abated, therefore only accused P K Thungon stands convicted under the 120B (criminal conspiracy) of IPC read with the provisions of the PC Act," the judge said.

The court held Thungon guilty of offences under section 120B (criminal conspiracy) of IPC read with section 13d(iii)(if while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest) and other provisions of the Prevention of Corruption Act.
Thungon was, in July 2015, awarded a four-and-a-half year jail term in a 1998 graft case relating to misappropriation of central funds.
According to CBI, the five accused had allegedly conspired
during September 1993 to June 1994 for dishonestly and fraudulently obtaining undue benefit in the allotment of shops on economical licence fee basis in contravention of rules governing such allotments.

CBI had claimed that Kaul and Thungon allegedly committed offence of criminal breach of trust to cause undue pecuniary advantage to their relations and friends, Tsering, Krishna and Balodi and dishonestly allowed these three to convert to their own the government shops entrusted to the minister.
It had said that in pursuance to conspiracy, Kaul abused her official position as Minister and in the capacity of custodian of government shops, dishonestly and without any public interest sanctioned allotments of three shops without calling for any tenders of applications from general public on mere recommendation of Thungon in a market opposite Red Fort.

The agency had also alleged in the charge sheet that Kaul caused huge pecuniary advantage to Tsering, Krishna and Balodi and corresponding loss to the state exchequer.
CBI said the case was registered after the Supreme Court in 1996 directed the agency to probe the allegations of corruption and bribery in the matter of out-of-turn allotment of government shops and lodge cases against the offenders.
The three shops were alloted on April 9, 1994 and May 12, 1994, the agency had said.
The court had framed charges against the accused in March 2009 for the offences of criminal conspiracy read with criminal beach of trust by public servant of the IPC and under relevant provisions of the Prevention of Corruption Act.