Delhi HC judge quoted Kautilaya while upholding sentence of Chautala, son in JBT scam

CHANDIGARH: While refusing to reduce the jail term of former Haryana chief minister Om Prakash Chautala and his son Ajay Singh Chautala, who had once ruled the state with an iron hand, the Delhi high court quoted 'Kautilaya' to explain as to why punishment was important in the administration of justice.
"It is the power of punishment alone, when exercised impartially in proportion to the guilt, and irrespective of whether the person punished is the king's son or an enemy, that protects this world and the next," observed Justice Mridul while quoting 'Kautilya - The Arthashastra' authored by L N Rangarajan.
Further observing that the facts of the case revealed a shocking and spine-chilling state of affairs prevalent in the country, the HC observed, "The man was chief minister of Haryana, capable of much hope and an inspiration to the youth of the state. Cheating them of their future deserves punishment of the highest kind."
Quoting US black civil rights leader Martin Luther King Jr, Justice Mridul also observed, "Morality cannot be legislated, but behaviour can be regulated. Judicial decrees may not change the heart, but they can restrain the heartless."
In its 400-page judgment, the HC has also categorized Chautala and his son Ajay Chautala as "authors of the conspiracy" in the scam. He said they "conceived the idea" and "were in position to get the same executed."
Their key aides-Sher Singh Badshami, Vidya Dhar and Sanjiv Kumar-were categorized as "enforcers, who actively pushed for execution of the scam". Other convicted employees of the Haryana education department, who signed the forged selection list, have been held responsible for "giving life to the entire conspiracy."
In his March 5 judgment, Justice Siddharth Mridul of Delhi high court had upheld 10-year imprisonment to Chautala, Ajay, their aides, Vidya Dhar, Badshami and IAS officer Sanjiv. The court, however, reduced the sentence of 50 other convicts to mild imprisonment of just two years. They were convicted by a special CBI court Delhi in January 2013 for illegally recruiting 3,206 junior basic trained (JBT) teachers in 2000. They had approached the Delhi high court against their conviction.
Clinching and credible evidence against OP Chautala
The HC held that the key policy decisions, which gave impetus to the conspiracy, were taken under his aegis. It also held that it was a sheer innocuous coincidence that his key aides Badshami and Vidya Dhar as well as his son Ajay Chautala were getting enforced a scam of such vast magnitude spanning over 18 districts of Haryana and that messages for the said purpose were even rallied through his office by his staff unauthorizedly without his approval. Holding the former CM responsible, the HC also heavily relied on the transfer of two state directors of primary education who refused to toe the line dictated by Chautala's aides and son. The court also found the confession made by former IAS and an accused in this case, Sanjiv about his meeting with Chautala on July 10, 2000. In that meeting the issue of changing award lists was discussed
Ajay Chautala among prime conspirators
While upholding Ajay Chautala's jail term, the HC relied on the statement of former state director of elementary education and senior IAS Rajni Sekhri Sibal, who had identified presence of "Bhai Sahib (Ajay)" in the meeting. Call records between Ajay and IAS Sanjiv Kumar also demonstrated that the former was regularly in touch with the latter and was taking updates on the preparation of the new award lists. The HC also held that a proportionate number of candidates being selected from Bhiwani, Ajay's home constituency, in the lists corroborates his involvement in the conspiracy. "He was indeed amongst the prime conspirators and had the maximum to gain on execution of the conspiracy," held the HC
Vidya Dhar willingly took part in conspiracy
The HC held that he had not pleaded that he was under any pressure from any other person to be present at those meetings and that is why he was a willing participant to the conspiracy and was actively involved in ensuring execution of the same.
Badshami exerted pressured, threatened selection committee
The HC held that Chautala's political adviser Sher Singh Badshami actively pressurized and threatened the other chairpersons and members of the district-level selection committees on September 1, 2000 in Haryana Bhawan. Therefore, a complete chain of evidence is available on record about him being an active participant in the entire conspiracy from beginning to the end
IAS officer Sanjiv main executor
Rejecting the claims of being a whistleblower in the scam, the HC held that IAS officer Sanjiv Kumar was the main executor and was explicitly involved in carrying out instructions of CM Chautala by pressurizing the committee members to commit illegal acts. The HC also observed that his consistent false stand taken at every opportunity during the trial was an additional circumstance that proved his guilt and his role in the conspiracy. "I am, therefore, of the opinion that the overwhelming evidence that has emerged against Sanjiv Kumar completes the chain of circumstances pointing towards his guilt," held the judge. He had been claiming that he was a whistleblower and 'miscarriage of justice has occasioned' by arraying him as an accused