The Supreme Court on Thursday convicted Turkish firm Karsan?s executive Tuncay Alankus for contempt of court in the Rs 13.3 million-urea scam which rocked the nation in the mid-nineties.
The order was passed after National Fertilizers Ltd (NFL) told a Bench headed by Justice Markandey Katju that despite the court?s orders in September and December 2006, Alankus had withdrawn more than $11 million from his account in Pictet & Cie bank in Geneva. The Bench will decide the quantum of sentence on April 9, the next date of hearing.
The urea scam, involving former prime minister PV Narasimha Rao?s relative B Sanjeeva Rao, former union minister Ramlakhan Singh Yadav?s son Prakash Chandra and seven others, dates back to November 1995, when NFL had paid $37.62 million in advance to the Turkish firm for purchasing 2 lakh metric tonne of urea. But various accused involved in the scam had shared the amount amongst themselves without honouring the contract.
Appearing for NFL, additional solicitor general Gourab Banerji and counsel Ghanshyam Joshi told the court that in March last year, its Swiss lawyers had informed that Alankus had contemptuously and in wilful disobedience of the court?s orders withdrawn the money from the Swiss bank. He said that Alankus had nowhere in his reply denied that he did not withdraw the money from his account.
According to NFL, the accused took no steps in the last four years, but was now seeking a modification of these orders after filing the contempt petition.
It said the respondent, being in India since 1997, was bound to obey the court orders which is contrary to his view that the apex court can?t execute orders outside the Indian territory.
The Alankus counsel sought an adjournment on the ground that he was finding it difficult to speak with his client who doesn?t know English. However, the court refused to budge, saying Alankus had been dilly-dallying for quite some time.
In his reply, Alankus had stated that he could not comply with the Supreme Court orders which was beyond his control, capacity and power as he had no access to the operation of his bank account.
However, NFL said the statement was unbelievable as no bank would permit any withdrawal from any account maintained with it until and unless the account holder gave such instructions.
In 1997, the Central Bureau of Investigation had filed a chargesheet against Karsan executives Tuncay Alankus and Cihan Karanci, who were extradited to India from Switzerland in 1997, former NFL managing director CK Ramakrishnan, its former executive director Dilbagh Singh, Karsan’s Indian agent M Sambasiva Rao, one D Mallesam Goud and Brazilian national AE Pinto, one of those who brokered the deal.
The accused have been charged with criminal conspiracy under Section 120 B read with Sections 409 and 420 of the Indian Penal Code and under various sections of the Prevention of Corruption Act.