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Delhi High Court Grants Compassionate Relief to 90-Year-Old Man in 1984 Bribery Case

 

Delhi High Court Grants Compassionate Relief to 90-Year-Old Man in 1984 Bribery Case

In a powerful affirmation of constitutional principles and humane justice, the Delhi High Court has granted relief to a 90-year-old former government officer, Surendra Kumar, who was convicted in a bribery case that dates back over four decades. The case, which originated in 1984, had taken an extraordinary 41 years to reach a final stage. While the charges were serious and the conviction had been sustained, the Court recognized that the immense passage of time and the advanced age and frail health of the accused merited a compassionate and balanced approach to sentencing.

Surendra Kumar had been a Chief Marketing Manager with the State Trading Corporation of India when he was accused of demanding a bribe of ₹15,000 from a business entity seeking approval for the import of dried fish. It was alleged that he received a part of the bribe—₹7,500—during a trap laid by the Central Bureau of Investigation (CBI) at a hotel, where he was immediately arrested. He was taken into custody but released on bail the next day. Despite the gravity of the charges, the legal proceedings against him dragged on for nearly two decades. In 2002, the trial court convicted him under the Prevention of Corruption Act and certain provisions of the Indian Penal Code, related to criminal misconduct and bribery.

After the conviction, Surendra Kumar filed an appeal in the Delhi High Court, which then took another 22 years to hear and finally dispose of the matter. By the time his case was listed for final hearing, he was already 90 years old, suffering from various age-related ailments, and had spent over half his life with the weight of the criminal proceedings hanging over his head. Significantly, the appeal did not dispute the conviction itself but sought leniency in sentencing, citing the immense delay, the negligible period of actual custody, and the age and health of the accused.

The Court, presided over by Justice Jasmeet Singh, accepted the argument that justice delayed in this fashion amounted to a denial of constitutional rights. The judgment stressed that Article 21 of the Constitution, which guarantees the right to life and personal liberty, includes within it the right to a speedy trial. When the judicial process stretches over four decades without any fault on the part of the accused, the Court observed, the mental, physical, and emotional burden is equivalent to a prolonged punishment in itself.

Further, the Court noted that the appellant had fully cooperated with the legal process, had not created any hindrances during trial, had not absconded, and had paid the monetary fine imposed by the trial court. In total, he had spent only one day in custody, on the day of his arrest. Given that he had neither repeated the offence nor had any other criminal record, the Court held that subjecting him to further punishment would be unnecessary and harsh.

Justice Singh’s order explained that sentencing in criminal jurisprudence is not a mechanical function but must be exercised with fairness, context, and empathy. Sentencing should aim at deterrence and justice—not vengeance or cruelty. In this case, the Court found that continued incarceration would serve no rehabilitative or deterrent purpose, especially when the accused was nearing the end of his life and had already borne the stigma and stress of a criminal conviction for over forty years.

In its conclusion, the Court commuted the sentence to the period already undergone and ordered that the appellant's bail and surety bonds be discharged. It refrained from altering the conviction but made it clear that inordinate delay, especially when no prejudice is caused to the trial or appeal process by the accused himself, justifies a reduction in sentence on humanitarian grounds.

This case reflects a crucial instance where the judiciary has balanced the objective of upholding accountability in public service with the need for equitable and humane treatment of aged individuals. It reaffirms the role of the judiciary as a protector of not just legal rights but of human dignity, ensuring that punishment does not become disproportionate to its purpose. Through this judgment, the Delhi High Court has reinforced the principle that justice must not only be done but must be seen to be done—with fairness, compassion, and constitutional fidelity.

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