P K Thungon gets 3 and half years jail in 1993-94 graft case

Former Union minister P K Thungon was today awarded a three-and-a half-year jail term in a graft case relating to allotment of government shops here during 1993-94.
Apart from the jail term, special CBI judge Sanjeev Aggarwal also imposed a fine of Rs one lakh on Thungon, who was also a former chief minister of Arunachal Pradesh.
The court has convicted Thungon for the 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 13(2) (criminal misconduct by public servant) of the Prevention of Corruption Act.

The court, however, acquitted two other accused -- Lakhpa Tsering and Krishna -- in the case.
Thungon was the Minister of State for Urban Affairs and Employment at the time of the alleged offence when Congress government was led by Prime Minister P V Narsimha Rao.
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 has said.
In July 2015, Thungon was awarded a four-and-a-half year jail term in a 1998 graft case relating to misappropriation of central funds.

A case was registered by CBI in 1996 against Kaul, Thungon, Tsering, Krishna and Balodi for allegedly hatching a conspiracy in allotting shops and stalls in 1994.
CBI had claimed 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 it 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.