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SC Issues Show of Cause Notice to Convict You for Tricking You into a Favorable Order | India News


NEW DELHI: The Supreme Court issued a notice of good cause to a convict for misleading him by presenting an incorrect copy of a trial court verdict to obtain a favorable order that had allowed him to go free by paying a fine only in one corruption case . case.
The higher court, when issuing the notice to convict S. Shankar, asked him why he should not recall the order saving him from jail time and take “more appropriate” action for the act of deceiving him.
On July 23, 2019, the SC had allowed Shankar to go free in the corruption case with the payment of 1,000 rupees after his lawyer argued that the Andhra Pradesh High Court “misinterpreted” the operative part of the sentence of a court of first instance issued in the year 2000.
It was argued that the trial court had not awarded Shankar a one-year jail term, but had only imposed a fine of Rs 1,000 for breach of trust and conspiracy offenses under the IPC and some other charges under of the Corruption Prevention Law.
“Since we consider that the court of first instance limited itself to imposing a judgment of payment of a fine of 1,000 rupees on the appellant, the judgment of the higher court is clarified accordingly. In view of the above, the appeal is dismissed, making clear that the court of first instance and the superior court did not impose any prison sentence on defendant No. 5 (Shankar) “, the superior court had ordered, granting reparation.
However, a subsequent investigation and a report by the secretary general of the supreme court indicated that prima facie, the convict “misled” the court to avoid a jail sentence.
“After examining the report presented by the secretary general of the Supreme Court, we are satisfied that the appellant – S Shankar misled this court by presenting an incorrect copy of the judgment of December 31, 2000 approved by the special judge for cases CBI, Hyderabad.
“Therefore, that a supporting notice be issued to the appellant, S Shankar, of why the order dated July 23, 2019, approved by this court, is not withdrawn or modified, and no other appropriate action is taken against he, “a bench made up of judges Surya Kant and Aniruddha Bose, he said.
Venkateswara Rao Anumolu, registered defender, accepted the notice of demonstration cause on behalf of Shankar and was given four weeks to respond.
“The registry is ordered to deliver a copy of the report presented by the wise secretary general of the Supreme Court to the state prosecutor’s office. List the matter from then on,” he ordered.
Shankar had filed an appeal in the higher court in the corruption case against the higher court’s verdict confirming the lower court’s ruling.
Shankar was convicted along with others in the corruption case for various crimes, including criminal breach of trust, conspiracy and corrupt practices. He was granted one year in jail and was also fined 1,000 rupees.
The higher court qualified as justified the statements of Shankar’s lawyer that “he was only sentenced to pay a fine of 500 rupees for each charge, for which they totaled 1,000 rupees, and by default to spend a month in simple prison”.
“No prison sentence was passed against him. The appellant here has already paid the fine imposed on him. He is not interested in continuing with this appeal,” he said.
The higher court had ruled on his appeal, which has now been reopened after the investigation.

Times of India