THELIGHTOFANDAMANS: The Landmark Judgment

Thursday, November 17, 2011

The Landmark Judgment

THE LIGHT OF ANDAMANS | VOL 35 | ISSUE: 19 | 18 NOV 2011

COVER STORY:

CBSE QUESTION PAPER LEAK CASE:

The Landmark Judgment

The Judgment of CBSE Question Paper Leak Case was pronounced on 15th November, 2011 convicting four out of the five accused persons. Accused M.P. Arun was found not guilty to the charges and he is acquitted of the same.

Accused Krishnama Raju is found guilty to the charges under sections 409 (Breach of Trust) read with section 120 B (Criminal Conspiracy) IPC and section 13(2) read with section 13(1)(c)(d)(i)(ii) and (iii) of the Prevention of Corruption Act, 1988 and is convicted of the same.

Accused Abdul Salam is found guilty to the charge under section 120-B read with section 409 IPC and is convicted of the same.

Accused Abdul Rasheed is found guilty to the charge under section 120-B read with section 409 IPC read with section 8(2) read with section 7 of the Prevention of Aboriginal Tribes (Amendment) Regulation 1956 and is convicted of the same.

Accused M. J. Vijayan is found guilty to the charge under section 120-B read with section 409 IPC read with section 8(2) read with section 7 of the Protection of Aboriginal Tribes (Amendment) Regulation 1956 and is convicted of the same.

The convicted accused persons were given opportunity of being heard on the question of sentence till 16.11.2011 and they were remanded to judicial custody till then.

On 16.10.2011 all the convicted accused persons were produced before the learned Special Judge. At 9.00 AM the learned Special Judge Mr. Debi Prasad Dey, District Judge heard the accused persons one after another on the quantum of sentence and posted the case till 1.30 PM for pronouncement of the sentence.

At 1.30 PM all the accused persons were produced and the learned Special Judge pronounced the sentence.

Convict Krishnamaraju is sentenced to suffer imprisonment for life and to pay a fine of Rs. 10,000 in default to suffer simple imprisonment for six months for the offence under section 409 of the Indian Penal Code. He is also sentenced to suffer imprisonment for one year and to pay a fine of Rs. 5000/- in default to suffer simple imprisonment for three months for the offence under section 13(2) of the Prevention of Corruption Act, 1988 by abusing the trust entrusted upon him, he conspired with other accused and opened the envelope containing the question paper by accepting bribe.

Convict Abdul Rasheed is sentenced to suffer imprisonment for life and to pay a fine of Rs. 10,000 in default to suffer simple imprisonment for six months for the offence under section 120-B read with section 409 IPC. He is also sentenced to suffer imprisonment for six months and to pay a fine of Rs. 500/- in default to suffer simple imprisonment for one month for the charge under section 8(2) read with section 7 of Protection of Aboriginal Tribes Regulation (Amendment) 1956 i.e. entering into tribal area without tribal pass.

Convict M.J. Vijayan is sentenced to suffer imprisonment for life and to pay a fine of Rs. 10,000/- in default to suffer S.I. for six months for the offence under section 120-B read with section 409 IPC. He is also sentenced to suffer imprisonment for six months and to pay a fine of Rs. 500/- i.d. to suffer S.I. for one month for the charge under section 8(2) read with section 7 of Protection of Aboriginal Tribes Regulation (Amendment) 1956 i.e. entering into tribal area without tribal pass.

Convict Abdul Salam is sentenced to suffer imprisonment for life and to pay a fine of Rs. 10,000/- in default to suffer simple imprisonment for six months for the offence under section 120-B read with section 409 IPC.

All the sentences are directed to run concurrently.

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About The Light of Andamans

The Light of Andamans’ was born out of the zeal and determination to fight against the suffocating Kafkaesque atmosphere on the society that existed even after 30 years of Independence under bureaucratic rule. It was a hangover of the ‘Raj’that extended much too long in the Islands.

The Light of Andamans’ was started in 1975. The paper had always been a crusader, taking up the causes that no other newspaper would touch. In doing so, it very often stepped on the toes of the authorities and had to face persecution in the form of denial of advertisements and numerous court cases against it. For a small stint, the publication came to a halt in 2003.

Gezira Publications Private Limited took over the paper in the year 2005 and transferred the title in a bid to revive the second oldest newsmagazine from extinction and also to carry forward the mission.

The Newsmagazine, under the new management, has undergone a sea change both in form and content. It turned into a full-fledged tabloid with 10 pages with plenty of photographs making both pleasing to the eyes and soothing for the mind. “It has acquired a position where it influences the policies in vital matters concerning the development of the islands, protection of aboriginal tribes and addressing the problems of the disadvantaged groups. The newsmagazine is known and appreciated for its bold, free, fair and balanced reporting.”

Late Govinda Raju and his team worked very hard to rebuild the reputation, goodwill and a healthy new image of the newsmagazine brick by brick. After the demise of Mr Raju in 2010, the magazine is now being edited by Zubair Ahmed and published by Basudev Dass. The newsmagazine continues its mission of highlighting policy issues pertaining to the Islands.