Three years imprisonment for former Union Minister Dilip Ray sentenced by CBI Special Court along with a fine of Rs 10 lakh due to irregularities in Brahmadiha coal block allocation in 1999. Dilip Ray was Minister of State for Coal in the Atal Bihari Vajpayee Government. Special CBI Judge Bharat Parashar’s order stated, “The average loss from ordinary crimes such as burglaries, robberies and larcenies etc, may run into a few thousand rupees only but the loss which the white-collar crimes may cause run not only in lakhs but in crores of rupees.”
CBI had sought life imprisonment for Dilip Ray and other convicts, arguing that white collar crimes are on the rise and maximum punishment was required to send a message to the society. The court earlier fined Castron Technologies Ltd (CTL) with Rs 60 lakh for various offences it had been convicted under. Castron Mining Ltd (CML) was fined Rs 10 lakh and Mahendra Kumar Agarwalla was sentenced to 3 year jail and Rs 60 lakh fine. Pradip Kumar Banerjee was also given a 3 year jail in addition to Rs 2 lakh fine. Nitya Nand Gautam was fined Rs 2 lakh and awarded 3 years in jail.
The order highlighted that to find criminality in crimes committed by white collar criminals was often a difficult task, for these crimes were committed after much deliberation and planning by ‘well trained’ minds that had a high status in society. CBI had sought “no leniency” as the accused had been convicted for economic offences and corruption.
Judge Parashar noted, “On the other hand such persons are not only capable but are also emotionally balanced and in no sense pathological. The only reason which may however explain such behaviour of white collar criminals is their greed or lust to acquire maximum material resources in the name of their business, taking benefit of open competition, economy and individual freedom.”
The conviction judgment stated, “It has been concluded beyond shadows of all reasonable doubts that all the five accused persons – CLT, Agarwalla, Ray, Banerjee and Gautam conspired together so as to procure allocation of Brahmadiha coal block in favour of CTL and finally achieved the said object of the criminal conspiracy by undertaking various acts of cheating MOC by CTL and Agarwalla and by various acts constituting the offence of criminal misconduct by Ray, Banerjee and Gautam and also the offence of criminal breach of trust by public servant by Ray.”
Dilip Ray’s counsel has decided to move bail for him and also appeal against his conviction.
