Delhi HC to hear Sukh Ram’s appeal against Rs 1-crore fine

In a nutshell

Sukh Ram had been sentenced to three years in jail in a 1993 corruption case and his appeal is pending in the Supreme Court.

The former minister was convicted in a graft case relating to the purchase of about 2,500 multi-access rural radio (MARR) systems in 1993-94 for providing telephone connection to every panchayat in the country

ED slapped Rs 1 cr fine on him for alleged violation of the Foreign Exchange Regulation Act, 1973, and the Foreign Exchange Management Act, 1999.

A single-judge Bench had declined to entertain the 91-year-old Congress leader’s writ petition on the ground that alternative remedy of appeal was available to him.

R Sedhuraman

New Delhi, March 22

The Delhi High Court today agreed to hear former Union Telecom Minister Sukh Ram’s appeal against a Rs 1 crore penalty slapped on him by the Enforcement Directorate for alleged violation of the Foreign Exchange Regulation Act, 1973, and the Foreign Exchange Management Act, 1999.

A Division Bench comprising Chief Justice G Rohini and Justice Sangita Dhingra Sehgal set aside the order of a single-judge Bench rejecting Sukh Ram’s appeal against the directorate’s September 8, 2015, order.

The single-judge Bench had declined to entertain the 91-year-old Congress leader’s writ petition on the ground that alternative remedy of appeal was available to him.

Sukh Ram’s senior counsel Kirti Uppal pleaded that since the ED’s adjudicating officer had violated the principles of natural justice, the availability of alternative remedy was not a bar to invoke the HC’s jurisdiction under Article 226 of the Constitution by filing a writ petition.

Accepting this contention, the HC said Sukh Ram’s appeal would be listed for hearing on March 27.

Sukh Ram had been sentenced to three years in jail in a 1993 corruption case and his appeal is pending in the Supreme Court.

The former minister was convicted in a graft case relating to the purchase of about 2,500 multi-access rural radio (MARR) systems in 1993-94 for providing telephone connection to every panchayat in the country.

The Delhi High Court had upheld Sukh Ram’s conviction for corruption but acquitted him of the charge of hatching a conspiracy with his co-accused Runu Ghosh, a former director in the telecom ministry, and Rama Rao, chief of a private telecom company that benefited from the deal on MARR systems.

On January 9, 2012, the SC granted him bail pending disposal of his appeal. The court granted the relief for two reasons, his age and ill health.