Delhi Water tanker scam- Charges range from criminal conspiracy to breach of trust

New Delhi, June 21: The Anti Corruption Bureau which registered an FIR in connection with the Rs 400 crore water tanker scam has invoked provisions which include criminal conspiracy and misuse of power.

An FIR was registered by the ACB against Chief Minister of Delhi, Arvind Kejriwal and his predecessor, Sheila Dikshit.

While addressing the media, Mukesh Meena, the chief of the ACB had said that the FIR was registered under the Prevention of Corruption Act along with other sections. In the FIR, the ACB has also invoked Section 120B, 409 of the Indian Penal Code and Section 1(D) of the Prevention of Corruption Act, 1988.

In 2012 the Delhi Jal Board with Sheila as the Chairperson had awarded tenders to hire 385 stainless steel water tankers from private companies. Last year the AAP government set up a fact finding committee and in its report a scam of Rs 400 crore had been alleged.

The allegation against Kejriwal is that despite the findings no action had been taken and the contract had not been scrapped.

The charges:

The FIR has been registered under provisions of the Prevention of Corruption Act and the Indian Penal Code. The charges range from misuse of power to criminal conspiracy. The ACB is likely to call in Kejriwal and Sheila for questioning.

Section 13 (1) (D) of the Prevention of Corruption Act, 1988: This section deals with abuse or misuse of power.

An offence can be made out if the person by corrupt or illegal means obtains anything for himself or another person.

Further it also deals with a person in power abusing his position to obtain a valuable thing for either himself or another person.

Section 120B of the Indian Penal Code: This section deals with the punishment for a criminal conspiracy. Depending on the nature of the offence, this section prescribes a punishment ranging from six months to a life term.

Section 409 of the Indian Penal Code- Criminal breach of trust by public servant, or by banker, merchant or agent.

Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, mer­chant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life or with imprisonment of either descrip­tion for a term which may extend to ten years, and shall also be liable to fine.

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