IPKF supplies case: Madras HC sets aside conviction of former major general A K Gupta

CHENNAI: It was 35 years ago – in 1987 – that India deployed its peace keeping force in Sri Lanka to curb conflicts between Tamil militants and the island government.

Now, the Madras high court has set aside the conviction of A K Gupta, a former major general of the Indian Army, who faced corruption charges in the purchase of tinned meat for the Army.

During Operation Pawan in Sri Lanka, Gupta was tasked with the overseeing of logistic supply to the IPKF men. The prosecution said he abused his position and purchased local tinned meat kheema at higher rates favouring certain firms. In 2013, a trial court found him guilty and sentenced him to undergo imprisonment for two years.

On Wednesday, setting Gupta free, Justice G Jayachandran observed that from the evidence provided by the Army, there was no loss to the government as the rate quoted by the supplier was the least and it was supplied and utilised.

“The violation of purchase regulations, to be construed a corrupt practice, should have led to pecuniary advantage for the public servant or for any person the public servant is interested with,” the judge said.

In the case on hand, it is admitted that the rate quoted by the supplier was the least and, therefore, there cannot be any presumption of loss to the state or wrongful gain to the supplier, the judge added.

Pointing out that Gupta had escaped from the custody of the Army while being taken to the general court martial, Justice Jayachandran observed that the escaping could have weighed on the mind of the trial court against the officer even though there was no material to corroborate the case.

According to Gupta, local procurement was done based on the sudden increase in requirement for the IPKF. The decision was taken by committee members composed of high-ranking officials, but those officials were not examined by the trial court.

Recording the submissions, Justice Jayachandran pointed out to the evidence provided by Lt General Depinder Singh, who was assigned with the IPKF, that most of the decisions pertaining to the operation were taken orally to keep confidentiality and secrecy.

This apart, the judge observed that the investigation officer had filed the final report with truncated materials and without scrutinising the materials in its entirety.