Government Sanction for Investigation - Is it an Anomaly in the Vigilance Set up of Kerala

(By Advocate P.N. Arun, Research Scholar, Department of Law, University of Kerala, Trivandrum)

G.O. (P) No.65/92/Vig. dated 12th May, 1992 provides for the set up, working and procedure of investigation and enquiries by the Vigilance Department (at present . known as the Vigilance and Anticorruption Bureau).  The Department is the main anticorruption agency investigating cases relating to corruption and misconduct by Government servants and public servants in the State of Kerala.

Paragraph 4 (ii) of the above referred G.O. states: "The Vigilance Department should not initiate enquiries suo motu even when a complaint is made in person or in a signed petition. The Vigilance Department should invariably report such complaints promptly to Government in Vigilance Department, which will issue necessary instructions in the matter".

Therefore, even when specific information relating to the commission of an offence under the Prevention of Corruption Act, 1988 is laid before an officer of the Department, who is authorised to investigate such offences, he is prohibited from registering the FIR and commencing the investigation. Offences under Ss.7 to 13 of the Act can be investigated by officers of specified ranks (according to S.17 of the Prevention of Corruption Act, 1988) without the orders of a Magistrate. Thus the statutory right of the Police to carry out an investigation as per Chapter XII of the Criminal Procedure Code is curtailed by this executive order.

Paragraph 4(iii) states: "The Director of Vigilance Investigation shall initiate a preliminary enquiry in matters referred to him for enquiry. He may himself order a detailed enquiry, when he is satisfied that there is scope for a detailed enquiry". Paragraph 8 states when a case will be registered. "If at any stage during the preliminary enquiry conducted by the Vigilance Department there are reasonable ground to believe that the accused Government servant has committed an offence under the Prevention of Corruption Act, the preliminary enquiry will be stopped at that stage and a crime case registered and investigated after obtaining sanction from the Director of Vigilance Investigation". Thus, even preliminary enquiry into a complaint can be made only when the Government refers the matter to the Director of Vigilance Investigation.

The practice of conducting preliminary enquiry and then registering F.I. R. is sought to be justified on the basis of the Supreme Court decision in Sirajuddin v. State of Madras, AIR 1971 SC 520. Therein it was held that before the public servant is charged with acts of dishonesty which amount to serious misdemeanour or misconduct and a first information is laid against him, there should be some suitable preliminary enquiry into the allegation by a responsible officer. After 5.4.1997, the practice of the Vigilance Department is to conduct a Vigilance Enquiry (VE) after a 'confidential verification' of the allegation referred by Government to Director of Vigilance Investigation.

Even if the requirement of preliminary enquiry or confidential verification is accepted, it escapes reason as to why Government permission or reference is needed to commence such an enquiry. In Vineet Narain v. Union of India, (1998) 1 SCC 222 the Single Directive No.47(3) issued to the C.B.I., by various Ministries/Departments requiring prior sanction before initiating an enquiry or registering a case against certain categories of civil servants (decision making level officers) was struck down. The Court said. "In the absence of any statutory requirement of prior permission or sanction far investigation, it cannot be imposed as a condition precedent for initiation of the investigation....."(at P.262). Though the ‘Superintendence' of the C.B.I. vested in the Central Government (by virtue of Delhi Special Police Establishment Act, 1946) that would not include within it the control of the initiation and the actual process of investigation.

The process of investigation including its initiation is to be governed by the statutory provisions of the Criminal Procedure Code in the absence of special statutes to the contrary. The Vigilance Department (VACB) is also bound by the same law. This is admitted m Paragraph 4(i) of G.O. (P) 65/92. Nevertheless the G.O. is even more drastic in its violation of statutory provisions than the quashed Single Directive, in as much as it imposes a blanket ban on initiation of enquiries against all categories of Government servants and public servants without prior sanction. Will G.O. (P) 65/92 stands the test of law?

Computer in Legal Profession

(By V.T. Ahamed Iqbal, Director, Centre for Legal Studies, Kannur University,

Thalassery)

Computer the intellectual appendage of modern man is gaining more and more influence in the legal profession as well as in the judicial administration. The working environment of lawyers and judges is being rapidly changed by the computer. Unlike the other types of machines which changed the society this new machine has several peculiar features. It is more than a tangible piece of material. It is even coined as a scientific way of doing things in a faster and accurate manner. The machine can think or rather can do a kind of process of thinking. It helps to save much of the time and energy required for collecting, processing, storing and retrieval of data. The bulk of information can be stored by some simple process. The necessary data can be selected from it and a hard copy of it can be made at the click of a simple device.

A personal computer is no more an ornament or a scientist's tool. A lawyer can use his Personal Computer at his office for maintaining his office records, details of case profiles etc. A global lawyer use his lap-top (computer which has the size of a handy brief case) to do all the works while he is on journey. It can do all the works of a PC plus it can be used along with a cell phone through which he can sent or collect message from any part of the world in the form of sound, letters or graphics through the computer network. This can be done even while the lawyer is on a journey from continent to continent. An entire law library sans the dust and silverfish can be put in a compact disc. Popular law book publishers like Butterworths have started marketing bulk of legal information and compendium of legislations and precedents in compact discs which can be read through the laser heads in a computer. The entire office with the library has become a handy thing. Formerly the business executives of multinational corporate bodies were the only people with the computer assisted offices and the handy computer called laptop or notepad. But recently such computer assisted office or the 'virtual office' is becoming more and more popular amongst the lawyers the world over.

Computer has several utilities in legal profession. It is a helping hand in the office. To those trained in law and computer, it will provide several new avenues of job opportunity. Primarily the computer is used as a word processing machine. It can do marvels in the preparation of case briefs conveyancing, pleading, etc. There are several popular types of word processing softwares which has very useful features like editing, creating formats, merging the text from one file to other files, searching for a specific word or phrase throughout a document and substituting it with other words or phrase etc. The spelling checking thesaurus checking, pagination and repagination creation of index and footnote etc are other important utilities of the word processors. Large quantity of information can be achieved and can be retrieved in a very little time. The desktop publishing is another important category of word processing utility. The presentation of a document can be designed according to our aesthetic choice and the style of types, column, paragraph, lay out colour etc can be selected and arranged to our convenience. A graphic programme helps to draw pictures and using a scanner a photograph or any kind of graphics can be incorporated to a document. Further using multimedia it is possible to incorporate sound also in the prepared virtual document.

Formerly computer graphics was used by business professionals only. But it is identified recently that use of computer graphics is highly useful in the presentation of case in court room. It is possible to re-create an accident, present a contour map of a disputed land, prepare a chart or graph or compare two hand writings or signatures using the virtual media. The presentation can be prepared in colour and style of our choice. It can be made in the form of moving pictures or stills like slide. It is possible to take the printout of the presentation also. Electronic spread sheets which can also do the accounting works, preparation of projects and plans etc. provides another category of utility. The tax returns, the estate plans, calculation of damages in the legal injury cases, financial plans required for the profession etc. which will require good time for preparation can be done within a little time. To add impression to the presentation, charts, graphs and other visual displays can be created on the basis of the given data. Several types of templates for the spread sheets are available in the market or a new template can be created as per our requirement. Preparation of calendar or docket is a cardinal function of the legal office management. Using computer it can be done quite easily. The significant advantage of computer based docket system is that the data can be arranged in different manners at a time. The cases can be sorted on the basis dates, months, years, nature of cases, clients name, courts name etc. simultaneously. Quick check of files and updating of files can be done in a split second. The client service also can be done very promptly.

Time - a very crucial factor in modern world - needs an effective management to gain the success in life. The conventional Postal system which depends on manual works takes much time to transfer messages. Hence, it is called 'snail mail'. Computer based mail system known as E-Mail helps to send messages to any part of the world in a fraction of second at a very little cost. To keep in pace with the developing world the legal profession also has to accept this utility of computer.

The on-line services provides legal data base services required for legal research. The WEST LAW, LEXIS, EUROLEX, etc are the popular on-line services in the western countries. In India, the SCC and the JURIS are the known legal database services. The computer appended with a special device called modem connected to an ordinary telephone can establish access to other computers in the network. Internet a global system of network of computers is well known. The supply of legal data is done through this network. The data can be collected from the professional suppliers, libraries, universities etc. The use of computer reduces a great quantity of effort and energy needed in the legal research. The professional data provides supply of the full text of judgments, or the digest or the required titles of the topics and the copy of the statutes required by the subscriber. In India, there is no legal data service provider with total collection of Indian legislation and precedents. Incidentally it is interesting to note that the first and very popular legal database service in US the LEXIS which is now used in the world over was created in India in the year 1973 at the request of the Ohio Bar Association of US. But we have not yet made a computerised compendium of our own laws till this date. It is expected that in the near future the Supreme Court and the High Courts of our country will enter the computer network system. Then the judgments pronounced by the court of records will become available to all instantly. Similarly when the network is extended to all the Courts, Law Departments, Bar Associations, Legal Educational Institutions and Lawyers Offices the dimension of the legal profession will have a total change. Recently the Supreme Court of India has started a Website in the internet. By the expansion of the services available through the website legal profession and the general public will be benefited to a great extent. But there is a great impediment in this regard. It is nothing but the reluctance of lawyers to adapt with the changing world. On an informal survey held amongst the actively practising lawyers it is observed that out of one thousand lawyers practicing in certain Bars of Kerala seven lawyers alone were found using computer. Approximately 90% of lawyers do not have any idea about computer. If we wish to survive in this era of intellectual explosion and communication revoluation we have to keep in pace with time and we must be prepared to imbibe the intellectual innovations at the earliest.

Lincoln and Legitimate Expectation

(K. Sukumaran, Senior Advocate, Supreme Court)

There is much confusion even now on that elusive concept of legitimate expectation. Even among lawyers and judges. That emphasises the necessity of avoiding legal jargon and describing ideas in simple sentences. There is none to match in that exercise Abraham Lincoln, our own affectionate Abe. Who could give a better illustration of 'Democracy', in easy-to-understand language-as government of the people, and by the people, for the people. The idea is crystal clear. 'Legitimate expectation', as a legal concept, is of comparatively recent origin. Yet the abiding principle was known to the genius of Law. Little wonder then, that Lincoln could reach the core of the concept.

The story dates back to 1838. The place is Kentucky-well known for its chicken-charisma. Mrs. O.H. Browning, wife of his friend suggested to Lincoln that he should become her brother-in-law. And quickly too. Lincoln accepted the proposal, because he was 'most confoundedly well pleased with the project'.

Soon there was a visit by the lady-friend, this time with her sister. Lincoln inferred that it was an indication of agreement to a matrimonial arrangement. Lincoln had met her but a few years back. Lincoln was willing, as was Barkis. The girl was summoned to have a personal acquaintance. After all, they are to live as man and wife, till death doth them part. She came all the way to Kentucky, where Lincoln was then practicing as a lawyer. When they met Lincoln had the shock of his life. Time can play wonders with a feminine face. That happened here as well. Matters were tending to a tragedy, sadly enough.

The face of the innocent girl Lincoln had preserved in his mind had totally evaporated. Instead, there was a corpulent woman, who looked forty. His mind tossed like an Indian swing. At last, he came to a firm and logical conclusion.

The reasoning was perfect logic, it even had the grain of a sound legal principle, which in later times had been 'much laundered by lawyers and ironed out by judges, not always without a crease. We have a pet name for it: Legitimate Expectations.

The girl would have had great expectations of a congenial matrimonial home. She had acted on his representation, signifying his willingness to marry her. Indeed she had altered her position to her detriment, by so acting on the representation.. Then, it is neither proper or just to frustrate her desires or distress her by an irretrievable disappointment. Lincoln made up his mind: to marry her.

Lincoln sincerely and tenaciously tried to discover beauty in all her features. He almost succeeded, except as regards the face. If that is Fate, Lincoln would not meddle with it.

They had a long stroll. Many topics were discussed, some relevant, and some utterly irrelevant. A romantic sauntering does not limit the topics of conversation to rational themes. At long last, Lincoln came to the point. Mustering all courage, Lincoln, did propose to her. The reply was taken for granted.

Lincoln had told the sister that he would take her for better or for worse. "I made it a point of honor and conscience in all things to stick to my word, especially if others INDUCED TO ACT ON IT...." he has stated. Mark the other words as well:

'Well' thought I, 'I have said it, and be the consequences what they may, it shall not be my fault if I fail to do it'.

Lincoln also tried to convince himself that 'the mind was much more to be valued than the person'. In that she was not inferior to any with whom he had been acquainted.

There was yet another assurance. During the stay there, Lincoln had 'letters from her which did not change his opinion of either her intellect or intention, but on the contrary confirmed it'.

When we remember that Lincoln was a lawyer at that time, we can appreciate his narrative better in his inimitable style:

"As the lawyer says, it is was done in the manner following, to wit: After I had delayed the matter as long as I thought I could in honor do, I thought I will bring it to a consummation without further delay and so I mustered my resolution and made the proposal to her direct; but shocking to relate, she answered. No. At first I thought she did it out of an affection of modesty... but on my renewal of the charge I found it that she spelled it with greater firmness than before. I tried it again and again, but with the same success, or rather with the same want of success.'

The tragedy was complete.

Lincoln neatly summed up the position. "Others have been made fool of by the girls,.... I most emphatically in this instance, made a fool of myself'.

All these facts are chronicled in Lincoln's letter to Mrs. O.H. Browning which, interestingly, and significantly too, is dated 1st April 1838.

The moral of the story is a glittering beacon.

If principles of Promissory Estoppel' have been somewhat couched in confusion in India, one can see in Lincoln's words clarity in every sense. For, he had no slant towards Executive nor undue sympathy towards the promise.

One of the latest and well considered judgments on this complex concept is rendered by Majmudar and is reported in (1998) 2 SCC. Thomas J. followed that path in a still later decision in (1998) 7 SCC. Yet Anand, J., as he then was, persisted on (what many may feel) a narrow view even when later decisions indicating a contra view had been presented before him. (Prima Industries case)

Lincoln's description of 'Promissory Estoppel' is as clear and instructive as his definition of 'Democracy'. Making a promise a matter of honour, has other enduring advantages. No industrialist or entrepreneur would rush to a State where one could only witness a procession of cradles and coffins in promises. Did not poet Frost sing:

"The woods are lovely dark and deep

But I have promises to keep."

New Year Gifts - A Post Mortem [1]

(Salim Kambisseri, Asst. Public Prosecutor, Grade I, Changanacherry)

The first part of 1999 (1) KLT has published two decisions out of which one to an extent, create doubt about the correctness of judicial reasoning and the other requires some clarification.

Sreenivasa Shenoy - A Legal Anatomy [2]

Facts are briefly worded as follows:

The petitioner was an accused in a P.F.A. Case before the Chief Judicial Magistrate, Ernakulam for the sale of the adulterated Toor Dal, which according to the Public Analyst contained 7.6% by weight of Kesari dal. At the instance of the accused the second sample was sent to Central Food Laboratory, Ghaziabad invoking the provisions of S.13(2) of the P.F.A. Act. The Certificate issued by the Director, Central Food Laboratory in Form II showed that the sample contained the presence of synthetic coal tar colour and hence adulterated. As per the certificate Kesari Dal was absent.

Even though some of the contentions were rejected by Madam Justice Sree Devi, it is apparent that she seems to have inspired by the contention of the counsel for the petitioner that since the Certificate of C.F.L. disclosed that the sample contained coal tar colour, which is prohibited by law, is a new offence and a "fresh consent" from appropriate authority" has to be obtained.

Madam Justice Sree Devi Observes:-

"Accepting this decision, I have to hold that a fresh sanction is necessary to proceed further with the case. Therefore, I direct that the learned Magistrate before proceeding further, will give the prosecution an opportunity to place the certificate of the Director of Central Food Laboratory before the appropriate authority for consideration and consent for continuance of the prosecution and in the event of no such consent of the appropriate authority is obtained and produced before the Magistrate within a reasonable time, not exceeding one month for the purpose, the learned Magistrate shall discharge the accused and drop the present proceedings. In the event of any such consent is obtained and produced by the prosecution, within the time allowed, the learned Magistrate may proceed with the disposal of the present proceedings in accordance with law. I do not find any ground to quash the charge Annexure-C dated 10.3.1997 of the Court below".

With due respect I have to submit that no question arise in this case for a "fresh consent" from "appropriate authority" as a consent is not at all required in this case since this is a complaint instituted by a Food Inspector by virtue of authorisation by the Government of India. It is only a complaint by an officer authorised for the purpose under S.20 of the P.F.A. Act.

S.20(i) of the P.F.A. acts is reproduced below to get a clear picture:-

"No prosecution for an offence under this Act; not being an offence under S.14 of S.14A; shall be instituted except by, or with the written consent of the Central Government or the State Government or a person authorised in this behalf by general or special order, by the Central Government or State Government. (emphasis supplied)

Provided that a prosecution for an offence under this Act may be instituted by a purchaser referred in S.12, if he produces in Court a copy of the report of Public Analyst along with the complaint."

Nay Sanction Nor Consent

On a careful reading of the above section with caution and circumspection with particular reference to the "comma" used in the section immediately after the word "except by" and also the meaning of the word "or" immediately following the "comma" will point out the following;-

There are two sets of authorities or persons empowered to launch prosecution under this Section. The persons empowered to launch prosecution are:-

a) Central Government, State Government and a person authorized by general or special order, by the Central Government or State Government.

b) Persons with the written consent of the Central or State Government or the written consent of a person authorised by general or special order, by the Central or State Government

In this case the complaint was filed by the Food Inspector by virtue of the authorisation which has been produced and proved in this case. Therefore, evidently this is not a prosecution instituted by the State Government. So according to this writer in this case the question of "sanction" or "fresh sanction" does not arise in this case.

I am buttressed in this view by the following two decisions:- (1) Food Inspector, Kasargod Circle v. K. Sankara Moolya [3] and (2) Food Inspector v. Arunachalam [4].

In the instant case the Government of Kerala issued a revised notification as G.O. No.6104/G3/95 H & FWD dated Thiruvananthapuram 20th March 1996 published in Extra ordinary Gazette dated 29th March 1996 (S.R.O. No.319/96) in exercise of sub-S.(1) of S.9 of P.F.A. Act 1954. Above G.O. was issued in suppression of all notifications on the subject, which appoints the complainant in this case also to be the Food Inspector for the local area mentioned against his name. The Explanatory note makes it clear that the Food Inspector is an authorised officer to file complaint under S.20 of the P.F.A. Act which reads as follows:-

"As per S.20 of the P.F.A. Act 1954 prosecution of offence under this Act shall be instituted except by, or with the written consent of the State Government. It is necessary that the Food Inspectors are authorised to institute prosecutions for offence under the said Act. This notification is intended to achieve the above object."

Admittedly, the prosecution having been launched by the Food Inspector who is an authorised officer by the Government of Kerala to institute prosecutions for offences under the Act, it goes without saying that no consent of Central or State Government is necessary for launching prosecution. So the question of "fresh consent" also does not arise. In this context, it is unfair on my part if I side step a Supreme Court decision Suresh M. Rajput v. Bhartiben Pravinbhai Soni & Ors. [5] A plain reading of para.5 of the above decision may confuse the mind of a reader that sanction is invariably necessary in all cases. In that case, the L.H.A. was designed as sanctioning authority. Question raised in that case was that whether the sanctioning authority has applied his mind to the report of the Public Analyst and other pertinent papers and documents submitted by the Food Inspector. That decision is not at all applicable in this case.

If for argument sake, one admits that consent is obligatory even then fresh sanction is not at all necessary, according to a catene of decisions. [6]

A contrary view in favour of the decision under discussion is reported in Rattan Lai and etc. v. State of M.P. [7] Earlier the best is to interfere the decision by a larger Bench. The author genuinely believes that the notification extracted above and the legal aspects projected by me might not have been brought to the notice of the learned single Judge.

Regarding Balan v. State of Kerala

In this case, it was held by his Lordship Justice Narayanan Nambiar that the reports of the Excise Inspectors can be treated as complaints relying on the decision reported in 1991 (2) KLT 323. Since the case was taken on file before the amendment of the Act, i.e., before 3.6.1997, the view is correct. But there is every possibility to confuse the mind of the professional infants. S.50 of the Abkari Act says that every report of the Abkari Officer can be treated as a report in accordance with sub-s.(2) of the Act of S.173 Cr. P.C. and it is extracted below:-

"As soon as investigation into the offences under the Act is completed, the Abkari Officer shall forward to the Magistrate, empowered to take cognizance of the offence on a police report, a report in accordance with sub-s.(2) of S.173 of the Code of Criminal Procedure 1973".

S.50A also makes clear the position. This author submits that above decision is not at all applicable to cases detected after 3.6.1997.

___________________________________________________________________

Footnotes:

1    In this Article the author wishes to comment upon Sreenivasa Shenoy v. Food Inspector,1999(1) KLT 17 and Balan v. State of Kerala, 1999 (1) KLT 13.

2    Cited Supra.

3    1986 (1) I.L.R. 607 Kerala.

4    1992 Crl. LJ.3930 (Mad.)

5    1996 Crl. L.J.1621.

6    See for instance 1977 Crl. L.J. 122 All., 1978 Crl. L.J.1036, 1989 (2) FAC 190.

7    1991 Crl. L.J.3302.

The Satanic Angel

(By T.G. John, Advocate, Thrissur)

Dr. Neema Sultana Begum, M.B.B.S. was a very brilliant student of the King George Medical College, Lucknow. She had secured the coveted Empress Victoria Readership (Research Scholarship) of the College for three years and was doing research work in forensic medicines and toxicology under the guidance of Dr. Goutam, Professor of the same College. She was extremely beautiful and vivacious and had even featured as a Beauty Queen in many of the beauty contests in the hill stations of northern India, like Mussorie, Nainital and Simla combining in herself western beauty and oriental charm. She hailed from a highly cultured and aristocratic Muslim family of Lucknow. Her father Mirza Afzal Beg was an I.C.S. Official who met with a motor accident and was killed on the spot. Since then Neema, who was about 23, her widowed mother Salima, who was about 40 years old, and her brother Mirsafar, who was studying for B.A., in the local college had been living in their ancestral house, Mir Manzil, in Lucknow.

Dr. Mohanlal Gautam, M.D., F.R.C.S. (Edinburgh), Neema's Guide in research, was one of the brilliant men on the staff of King George's Medical College, Lucknow. Though his special subject was Pathology, he was supreme in others fields also. His reputation as a general practitioner was great and he had a large number of rich patients who paid him enormous fees. He used to attend to his students and their family members and also genuinely poor people at their homes without any fees at all. He was a tall and extremely handsome man with glistening eyes and a short aquiline nose and was about 38 years old. All his students liked him. His family consisted of his wife and two small children. A loving husband, he lived with his family in a fine bungalow attached to the college.

And then things began to happen! It is strange that young, attractive and talented girls are drawn towards elderly men despite the handicap of their being already married and having children. Gradually Neema got enamoured of the tall and handsome Dr. Gautam nearly twice her age and father of two children with a pretty and devoted wife. She was being irrevocably drawn towards the cold lustre and invisible magnetism of his brilliant and superb manhood. She also wondered why she who could stun any young man with a mere twinkle or her eye, could not move this stalid Adonis of a man who was utterly insensate to her charms.

She was determined for her catch. She took every opportunity to talk to him about her studies, the social conditions of the city and finally a probe into his family life. But Dr. Gautam never exceeded his limits as a Guide and Professor in his talks to her. And then one day on her request he took Neema to his residence and introduced her to his wife and children. Neema begged Dr. Gautam to make a return visit to her residence which Dr. Gautam did out of sheer courtesy. He was introduced to Neema's mother and thereafter Dr. Gautam made frequent visits to Neema's residence. Meanwhile, Neema's nerves were getting frittered and she was almost on the brink of insanity consumed by unrequited love. And one day casting aside all decency and decorum, Neema asked her mother whether she would mind if Neema married Dr. Gautam. Her mother replied that she would have her blessings but added that it was impossible and unthinkable as he was a family man and a Brahmin and was treating her as a grown up daughter. "That is my business mother, you may leave it to me", she replied.

And then on the next visit of Dr. Gautam, when Neema's mother was absent in the house, things got hot. Dr. Gautam was on the point of going away when he found her mother was not present. And then Neema went into a sudden outburst of passion. 'Don't you think that I am far more beautiful than your wife - would you marry me?" Neema burst into tears and was sobbing heavily.

Dr. Gautam was so stunned by this sudden and unexpected outburst of passion. However, he slowly gathered his wits and numbled that it was utterly unthinkable, he being a married man with a devoted wife and a Brahmin too and his feelings towards, her could be no more than that of a father or brother.

Neema was frantic and persistent and then put her second alternative 'You are a rich man, Dr. Gautam, you can hire out another bungalow and keep me there: hundreds of big people are doing it nowadays! Upon this Dr. Gautam flared up like gunpowder and retorted "I thought that with all your faults you were a good girl. But now I find that you are a strumpet!"

Strumpet! The words had an electrifying effect on Neema. She flushed crimson and with a snarling and disdainful gesture she got up and disappeared. Dr. Goutam stepped out of Mir Manzil into broad day light and thereon into his car.

Next day and for many other days Neema was absent in her college for her research work. One evening Dr. Gautam had a special messenger from Neema. To make a visit to her and diagnose her illness and treat her. Dr. Gautam went to Neema's house after finishing his work in the college and that night Dr. Gautam did not return to his residence!

Next morning there was banner headlines in Lucknow newspapers "Dr. Gautam short dead by a girl student! Assailant arrested!". The student was none other than Neema, his research student. The post-mortem examination of the dead body revealed that Dr. Gautam had been killed by a short fired at point blank range from a 12 bore shotgun using buckshot (LG) ammunition. Five of the six LG catridges were recovered from inside the dead body. The sixth was recovered from near the place where the dead body was lying. Death must have been practically instantaneous.

In the police station Neema made a confession - that she loved Dr. Gautam with all her heart; but at least on one occasion he scorned her as a strumpet which overwhelmed her feelings so that she wanted to end her life. But before that she wanted to finish Dr. Gautam who rejected her in such a contemptuous way. Later on when she was produced before the Magistrate, she replied "on advise". She made a statement that she was innocent and that she did not know to use a fire-arm and the gun in her house was used by her father before his death. And also that the dead body was planted in her house by some of the enemies of Dr. Gautam who had done the crime. That Dr. Gautam wanted to marry her and she was not willing for such an alliance!

In the Sessions Court the prosecution proved that contrary to the allegations of Neema, she was an expert in handling firearms. In fact, the licence for the Westley Richards Short gun had been transferred to her by her father before his death and that prior to the incident she had bought 20 Eley-Kynoch-Buck-Shot catridges for the gun from the local ammunition shop. But why did she kill him? The defence made a suggestion that perhaps Neema was showing her guns to Dr. Gautam when an accidental discharge might have killed him. This hypothesis was negatived by the fact that the gun had barrels 33 inches long and it was quite impossible for Dr. Gautam to receive the discharge from the barrel on his chest due to an accidental tripping of the trigger. Two of the neighbors of Neema testified that at about 11 P.M. on that fateful night they had heard the report of gun shot from her house and the piercing cry of a man in agony. One of them had informed the police by telephone.

Neema was convicted by the Sessions Judge for the murder of Dr. Gautam, but instead of awarding the capital sentence, sentenced her to life imprisonment. The High Court on appeal confirmed the conviction, but reduced it to 10 years as in its opinion, the motive for the murder could not be clearly proved by the prosecution.