A Delhi court has rapped the MCD for launching "frivolous prosecution" against a man, accused of running a petrol pump without a licence since 1961, and ordered an inquiry against erring officials for initiating "motivated" proceedings against him.
The sessions court, which discharged the accused of the offences under the Delhi Municipal Corporation Act, said "it was gross abuse of process of law" by the civic agency, as it sought a compliance report within six weeks and directed that the matter be fixed for Action Taken Report.
The court's order came in a case in which one Ashok Saran was challaned in 2004 for allegedly running petrol pump since 1961 without a factory licence, following which charges were framed against him under the DMC Act to which he pleaded not guilty and claimed trial.
"The challan/prosecution initiated in this case appears to be gross abuse of process of law for which a cost of Rs 30,000 is imposed upon the MCD, out of which Rs 10,000 be paid to the petitioner as compensation for unnecessarily dragging him into prosecution all these years, remaining Rs 20,000 be deposited by the corporation in the State Exchequer within six weeks," Special Judge Sanjeev Aggarwal said.
The judge further said, "For launching a frivolous prosecution against petitioner and making him face trial all these years, the Commissioner MCD(North) shall make an inquiry into the matter and shall fix the responsibility of the erring MCD officials for initiating motivated prosecution against him, so that this amount of Rs 20,000 could be recovered from their salaries."
"It is hard to imagine that for such a long period of 43 years (1961-2004) no municipal officer would have visited the petrol pump site of the accused observing that the petrol pump was being run by the use of electricity and specially when he was already having licence issued by MCD u/s 416 and 417 of DMC Act.." it said.
The court said even if factory licence was required by
the petitioner, it was in knowledge of MCD since 1980 when he was issued licence to store non-dangerous petroleum products.
"It can be safely said after 1980 till 2004 for 24 years, they (MCD) cannot just say they were not having the knowledge or they can just feign ignorance that the petrol pump was simply not existing or was not within their knowledge....
"Ashok Saran has stated that since 1961 MCD has been fully aware about the petrol pump and infact they had a credit account with the said petrol pump and had been regularly drawing supplies on credit for which they had also regularly made payment," it said.
On the contention of the MCD counsel that since petrol pumpwasbeingrunonelectricityandmechanical power, therefore the factory licence was needed, the court noted that the argument was "preposterous" as the petrol pump was in existence since 1961.
"The argument of the MCD counsel is totally preposterous, as it is hard to imagine that any petrol pump can be run without the use of electricity, one is yet to see a petrol pump being operated by bullock carts. As per documents of the MCD itself, the said petrol pump is in existence since 1961.
"Therefore it can be imagined that the electricity must have been used to run the petrol pump even at that time, as the electricity supply in Delhi can be said to be quite ancient in time and the accused himself had been getting his licence renewed," it said.
The court's order came on revision petitions of Saran seeking setting aside of the charges framed against him and the bailable warrant issued against him.
Saran had also questioned the delay in taking cognisance of offences against him as over 20 years had lapsed.
"Trial court clearly fell in error in dismissing the application of the petitioner under DMC Act, whereby he had questioned limitation for taking the cognisance of offence(s) against him....
"Further as per Article 21 of the Constitution, nobody can be deprived of his life and liberty except by process established by law, as cognisance was barred by limitation, therefore taking of cognisance and subsequent trial/ summoning of accused is not tenable in law," the judge said, while discharging the accused.
