Kottayam (Keralam), Sep 17 (PTI) A Vigilance court in Keralam on Thursday sentenced former state DGP Tomin J Thachankary to four years of rigorous imprisonment for amassing wealth disproportionate to his known sources of income.
“The higher the public office held, greater is the obligation to maintain the highest standards of integrity and probity,” the court observed in its order, noting that the convict was a senior IPS officer who had held several responsible positions during his career, including that of DGP, Keralam.
This is the first case in Keralam in which an officer of DGP rank has been sentenced for possessing assets disproportionate to his known sources of income, according to reports.
Kottayam Vigilance Court judge K V Rajanish found Thachankary guilty under the Prevention of Corruption Act.
The court imposed a fine of Rs 30.84 lakh on the former IPS officer as well.
The court ordered Thachankary to be shifted to Poojapura Central Jail in Thiruvananthapuram, from where he can approach the Keralam High Court in appeal against the verdict.
During the final hearing, Thachankary requested that the court take his health condition into consideration while pronouncing the sentence.
The prosecution, however, submitted that no leniency should be shown considering the post he had held.
The court said the prosecution had established that the accused was a public servant and that his assets at the beginning of the check period stood at Rs 9,97,363, while his assets at the end of the period stood at Rs 18,77,535.
His income during the check period was Rs 58,94,557.61, and his expenditure was Rs 80,99,278, resulting in disproportionate assets of Rs 30,84,892.39, or 52.33 per cent of his known income, the court said.
It noted that the accused had succeeded in reducing the prosecution’s original calculation of disproportionate assets from Rs 64,70,891 to Rs 30,84,892.
“That reduction is substantial and has been given in full benefit wherever the evidence justifies it. But after giving those benefits, the financial equation still leaves an unexplained disproportion of Rs 30,84,892,” it said.
The court observed that, having regard to the magnitude of the disproportion, the value of the amount at the relevant time, the status and responsibility of the convict, and the breach of public trust attached to his office, a deterrent sentence was warranted.
“The sentence must convey that public office is a position of trust and authority and cannot be used as a means for illicit enrichment, and that persons occupying high public offices cannot expect undue leniency for abuse of that position,” it said.
As many as 96 prosecution witnesses and 271 documents were examined during the trial, while 23 defence witnesses were examined and 55 defence documents were marked.
The Vigilance and Anti-Corruption Bureau Special Cell, Ernakulam, had registered the case against Thachankary for allegedly amassing wealth disproportionate to his known sources of income.
According to the prosecution, the VACB investigation found expenditure amounting to Rs 64.70 lakh for which Thachankary could not account for corresponding sources of income.
The investigation team alleged that he had acquired assets 135.80 per cent in excess of his known sources of income during the period between 2003 and 2007.
Vigilance Public Prosecutor K K Sreekanth appeared for the prosecution.
“It is a serious crime that a high-ranking police officer, who is bound to protect the life and property of the public, illegally acquired wealth in this manner,” Sreekanth said, welcoming the verdict.
“At this moment, this verdict is most favourable to the prosecution. Further actions will be decided in the coming days in consultation with the Vigilance Director,” he said.
He said all the contentions of the prosecution had been accepted by the court.
“Today’s ruling further proves that no matter how high-ranking an officer is, they are bound by the law under the Vigilance. Equal justice for everyone,” he said.
Bobby Kuruvilla and Alexander Kuruvilla, the complainants in the disproportionate assets case against Thachankary, said they were satisfied with the verdict.
They said they would approach the Vigilance and Anti-Corruption Bureau again, as the investigation in the case covered only the wealth allegedly amassed by Thachankary between 2003 and 2007.
“Fighting a legal battle against a major evil in the country and achieving victory in it brings immense satisfaction and happiness. But behind this, as you know, there was extreme financial drain and, above all, strong determination. That is why no one backed down from this,” Bobby said.
Alexander said the case was a lesson that a legal battle could be fought against corrupt individuals and that courts in the country were not “sitting with their eyes closed”.
“If cases are conducted properly and evidence is produced, those courts will punish the guilty. The general reaction and thought of the people here are against corruption, specifically against corrupt bureaucrats and politicians. So, most people will be happy that this verdict has come,” Alexander said. PTI TBA SSK
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