Supreme Court Acquits in 32-Year-Old Cement Case, Highlights Justice Delays
SC Acquits in 32-Year Cement Case, Cites Justice Delays

Supreme Court Acquits Accused in 32-Year-Old Cement Corruption Case

For decades, the Supreme Court of India has expressed deep concern over the erosion of public faith in the judiciary, primarily due to the painfully slow pace of justice delivery, especially for common citizens. This week, the apex court brought closure to a corruption case that had dragged on for nearly 32 years, highlighting these systemic issues in a stark manner.

Lengthy Legal Journey of the Case

The case originated from an incident on March 24, 1994, involving the alleged siphoning of 400 cement bags meant for the public works division in Aurangabad. The trial court convicted the accused six years later, on April 3, 2000. However, the legal process was far from over.

To concur with the trial court's decision, the Bombay High Court took more than 14 years, demonstrating significant delays at the appellate level. On appeal, the case then remained pending for a decade in the Supreme Court before finally being listed for a final hearing.

Final Verdict and Acquittal

The case was heard by a bench of Justices B V Nagarathna and R Mahadevan, which reserved the verdict on August 21 last year. After nearly six months, on Friday, Justice Mahadevan pronounced the judgment, acquitting the accused.

In the judgment, Justice Mahadevan noted, "Both the trial court and the high court held that the appellants (accused) failed to furnish any satisfactory explanation or documentary justification for such possession (of cement bags). These findings are essentially factual and are supported by the evidence on record."

Legal Technicalities Lead to Acquittal

Despite the evidence against the accused, the bench acquitted them on a critical legal technicality. The prosecution had charged the accused under provisions of the Essential Commodities Act. However, the court found that on the date of the alleged siphoning of cement, it was not a commodity covered under that law.

The bench stated, "That said, this was a case where the investigating agency ought to have invoked appropriate provisions of the Indian Penal Code, having regard to the nature of the allegations and the evidence collected." It emphasized that "The lapse, therefore, lies squarely at the door of the investigating agency."

Broader Implications for Judiciary

This case serves as a poignant example of the delays plaguing India's judicial system:

  • Total Duration: Nearly 32 years, with six years in trial court, 14 years in high court, and 11 years in the Supreme Court.
  • Impact on Justice: Such prolonged cases contribute to the erosion of public trust, as highlighted by the Supreme Court's own lamentations over the years.
  • Systemic Issues: The acquittal due to legal technicalities underscores the need for more efficient investigation and prosecution processes to avoid such lapses.

The Supreme Court's decision not only resolves a long-pending matter but also reinforces the urgent call for reforms to expedite justice delivery and restore confidence in the legal framework.