New Delhi: Senior PDP leader Mohd Dilawar Mir has been sentenced to three years by a Delhi court in a case related to wrongful release of Rs 30 lakh and contract for sale of urea to his firm by public sector National Fertilizers Limited in 1993-1996.
While Mir, who was a former Minister in Mufti Sayeed's cabinet, was awarded three years imprisonment and a whopping fine of Rs 3.21 crore, a special CBI court sentenced 77-year- old Dilbagh Singh Kanwar, the then General Manager of National fertilizers Ltd (NFL), to two-and-a half-year jail term.
67-year-old Mir, who is general secretary of PDP, was named by his party as a candidate for the upcoming polls from Rafiabad seat of North Kashmir.
Though Mir got bail and his sentence has been suspended till January two, 2015, he will not be able to contest the forthcoming elections.
Mir was then the proprietor of M/s Good Friends Agencies which was wrongly awarded the contract for sale of urea, the court said.
Special CBI Judge LK Gaur also imposed a fine of Rs 3.21 crore and Rs two lakh on Mir and Kanwar respectively. Out of Mir's fine amount, Rs 3.19 crore would be given National fertilizers Ltd (NFL) as compensation.
"In the light of the fact that the NFL suffered a loss in 1994 of Rs 30 lakhs at the hands of the convict Mohd. Dilawar Mir, in my opinion, it would be in the interest of justice that a suitable compensation be awarded to NFL for the said loss under the provision of the Code of Criminal Procedure.
"In my view awarding the compensation to the NFL of Rs 3.19 crore, which is roughly the same as principal plus 12 per cent compoundable interest per annum with quarterly rests for twenty years. This amount would be recoverable from the fine imposed by this order," the judge said.
The court, in its 267-page judgment, said the prosecution has successfully proved that convict Kanwar in conspiracy with Mir, had abused his position as a public servant while working as NFL's General Manager (Marketing), by awarding the contract to Mir's firm Good Friends Agencies, without having the powers to do so and flouting existing practices.
It said there was no necessity of awarding the contract and Kanwar also released Rs 30 lakhs as an advance payment despite it being clear that no services had been rendered under the contract by Mir.
Kanwar and Mir were convicted for the offences of criminal conspiracy under the IPC and criminal conduct and abuse of position by public servant under the Prevention of Corruption Act.
The court, however, allowed their bail plea and suspended their sentence till January two to enable them to file an appeal against their conviction and sentence. Both the convicts were released on bail till then on furnishing of a bond and surety.