Hurried Trial Denied Fair Opportunity: Delhi HC Acquits Retired Major General in DA case

The Delhi High Court on Wednesday set aside the conviction of retired Major General Anand Kumar Kapur in a disproportionate assets case, holding that the trial had been conducted in undue haste and that he was denied a fair opportunity to present his defence.

Justice Jasmeet Singh also held that the sanction granted for Kapur's prosecution suffered from "non-application of mind".

“In view of the findings recorded above that the Appellant [Kapur] was denied a fair opportunity to lead evidence and that the sanction order is invalid, the present appeals deserve to be allowed on these grounds alone,” the Court ruled, Bar & Bench reports.

Trial court hurried proceedings, says High Court

The Central Bureau of Investigation (CBI) had accused Kapur of amassing assets disproportionate to his known sources of income during his service in the Indian Army.

In 2016, a trial court convicted him under the Prevention of Corruption Act and sentenced him to one year of rigorous imprisonment, imposed a fine of ₹50,000 and ordered the confiscation of assets worth ₹2.22 crore.

Before the High Court, Kapur argued that the investigation was flawed, the prosecution sanction was invalid and that he was denied a fair trial after the trial court closed his defence evidence while lawyers were on strike.

He contended that only four of his nine defence witnesses had been examined before the opportunity to lead further evidence was withdrawn.

The CBI defended the conviction, maintaining that sufficient opportunity had been provided to the suspect and that the trial court was acting in compliance with the Supreme Court's direction to conclude the proceedings by September 2016.

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Fair trial cannot be eclipsed by procedural timelines

However, Justice Singh observed that although the trial court's anxiety to comply with the Supreme Court's directions was understandable and justified, procedural timelines could not override the constitutional guarantee of a fair trial under Article 21 of the Constitution of India.

The Court said that corruption allegations against public servants are serious and must be dealt with firmly. However, convictions can only follow a trial that fully safeguards the accused's right to present a defence.

Senior Advocate Vivek Kohli, along with advocates Shashank Dewan, Nikita Dewan, Ayush Kumar and Manan Kesar, appeared for Anand Kumar Kapur.

Special Public Prosecutor Rajesh Kumar and advocate Changez Khan represented the CBI.