High Court stays former Nalco chairman’s conviction

 Viewing it as an exceptional case, the Orissa High Court last week stayed the conviction and sentence order of a lower court passed against former Nalco CMD S K Tamotia.

A CBI special judge court in February had awarded the technocrat three years of simple imprisonment and a fine of Rs 50000 in a disproportionate assets case . Terming the lower court’s verdict “erroneous”, Justice Indrajit Mohanty observed: “I am of the considered view that this is an exceptional case in which order of stay of conviction should be passed taking into consideration the ramification of the facts”. Justice Mohanty also justified the exercise of authority vested under Section 389 (1) of the CrPC.

Tamotia was convicted by the lower court for possessing assets valued at Rs 8,36, 674 which was disproportionate to his known sources of income. He had contested the sentence stating that his income of Rs 6,56,741 during the check period was not taken into consideration while his expenditure during the same period was enhanced by Rs 7,02, 941 to determine the disproportionate asset.