Author :Shristi D Kumar, Student at Institute of Law Nirma University
To The Point
Some events in Indian history have tarnished the image of India to the extent that the damage brought a great disgrace to the country. Whether a hideous money embezzlement or a gruesome examination scam. Just like The Commonwealth Games Scam (2010) which made the people of India bow their heads in shame. India, a country known for its powerful leadership, hospitality, and sportsmanship, turned into a tale of disgrace and embarrassment. This article discusses the intricacies of the 2010 scam and judicial responses to the misconduct that stained India’s global image.
Use Of Legal Jargon
Embezzlement and Financial Misappropriation
A violation of the Prevention of Corruption Act of 1988, as well as charges of corruption and theft of public funds, are at the center of this case.
Theft or embezzlement of funds
Several prominent individuals were charged with embezzlement and fraud by several provisions of the Indian Penal Code (IPC), such as Section 420 (Cheating) and Section 409 (Criminal breach of trust by public servants).
The adjudication process
During the judicial processes, the Central Bureau of Investigation (CBI) was responsible for adjudicating the case, and following trials were held in special CBI tribunals.
The Proof
The Commonwealth Scam that took place in 2010 had allegations of embezzlement of rs. 70,000 crores. Corruption and poor administration during the Commonwealth Games in 2010 in Delhi have damaged India’s image as a country that suffered from fraud. It was also viewed that the athletes only got half of the allocated funds. By the terms of the Host City Contract, a foreign team traveled to India, and they were surprised by the accommodations that were provided. They found human feces lying on the ground, as well as dog paw prints on the bedsheet and dirty toilets located throughout the building. Not only did all of this make headlines in other countries, but it also added to the disgrace that the country is experiencing.
The fake perpetrated by the Commonwealth highlighted the fact that the OC violated the Minimum Wages Act of 1948, which resulted in widespread labor exploitation. In addition to deplorable working conditions, the day wage for skilled labor ranged from Rs. 120 to Rs. 130, while the day wage for unskilled labor ranged from Rs. 80 to Rs. 100. Children were coerced into working in hazardous conditions, and there have been stories of approximately seventy workers tragically losing their lives at the site. Suresh Kalmadi, who is a member of the Indian National Congress, which is the party that is in power of the Central Government, did not want to be assigned to the Indian Advisory Organization. In addition to further tarnishing India’s reputation as a corrupt nation, the appointment of Suresh Kalmadi by the Indian government was a national embarrassment.
Abstract
The Commonwealth Games of 2010 was set to showcase India’s organizational capabilities instead brought disgrace and disgust to the world. Highlighted grave corruption and financial impropriety. The crisis that ensued, which was characterized by widespread embezzlement and violation of trust, spurred the Central Bureau of Inquiry (CBI) and other agencies to conduct an exhaustive inquiry. As a result of the legal processes, the extent of the corruption was brought to light, which resulted in significant court actions and reforms that were designed to prevent similar incidents in the future.
Case Laws
Suresh Kalmadi and Others vs. CBI
In this history-making case, Suresh Kalmadi and other officials were brought to justice for their involvement in corrupt practices and misappropriation of funds. The decision of the court highlighted the significance of accountability in public service and the observance of legal norms in the administration of public funds.
Suresh Kalmadi, the chairman of the CWG Organising Committee, was suspected of cheating, planning, and causing a loss of over ninety integer rupees to the state finances in a highly connected graft case involving the Games. The case involved the Games.
The allegations that were brought against Kamadi and nine other individuals, including Lalit Bhanot, a former executive of the OC, were framed using several sections of the Indian Penal Code (IPC) as well as the prohibition of the Corruption Act.
In addition to being charged with cheating and conspiracy, the suspect will also be charged with forgery under the Indian Penal Code and criminal misconduct by public servants under the Computer Act.
Several sections, including Section 120B (criminal conspiracy), Section 13(1)(d), and Section 13(2) (criminal misconduct by public servants) of the Computer Act, were framed. Additionally, Section 420 (cheating), Section 467 (forgery of valuable security), Section 468 (forgery with the intent to cheat), Section 471 (relating to forgery), and Section 506 (criminal intimidation) were also framed.
Following the completion of his ten-month prison sentence in 2019, the courts ordered Suresh Kalmadi to make a security deposit of $500,000 to be released from prison. The detention of Suresh Kalmadi lasted for ten months.
On July 13, 2012, a court in Delhi permitted Mr. Kalmadi to go to London to participate in the Olympic Games that were held in 2012. On the other hand, the Delhi High Court did not permit him to take part in the opening ceremony of the London Olympics on July 25, 2012. The court cited worries that his attendance would “embarrass” the nation.
Lalli vs. Union of India
During the Commonwealth Games in 2010, allegations of corruption were made against B.S. Lalli, who had previously served as the CEO of Prasar Bharati. It appears that the case you are referring to is connected to these claims. On the other hand, “Lalli vs. Union of India” is not a case title that is well recognized or considered to be a landmark. In the context of the Commonwealth Games scandal, it might be more relevant to refer to the legal measures that have been brought against B.S. Lalli.
Conclusion
The swindle that occurred at the Commonwealth Games in 2010 serves as a sharp reminder of the widespread nature of corruption in matters pertaining to large-scale public programmes. As a result of the subsequent court battles, the importance of the investigative agencies and the judicial system in maintaining the rule of law was brought into sharper focus. In order to forestall the occurrence of crises of this nature in the future, it is imperative to guarantee transparency, accountability, and strong regulatory frameworks.
FAQ
1. How did the Commonwealth Games of 2010 end up becoming a scam?
During the organization of the Commonwealth Games, which took place in New Delhi in 2010, the fraud involved a significant amount of financial irregularities, the misappropriation of funds, and corruption.
2. Who was the primary suspect in the fraudulent scheme?
Some of the most important figures involved were Suresh Kalmadi, who was serving as the Chairman of the Organizing Committee at the time, as well as a number of other authorities and contractors.
3. The accused was charged with what legal offenses, and what were those charges?
Corruption, cheating, criminal breach of trust, and embezzlement were among the allegations that were brought against the defendant in accordance with the Prevention of Corruption Act of 1988 and different provisions of the Indian Penal Code.
4. What were the results of the investigations that were conducted?
Several high-ranking officials and contractors were brought to justice as a result of the investigations conducted by the Central Bureau of Investigation (CBI), the Enforcement Directorate (ED), and the Auditor General (CAG).
5. In what manner did the judicial system react to the fraud?
The judicial system played a significant influence in the adjudication of the cases, which ultimately resulted in the prosecution and sentencing of the individuals who were found guilty. This highlighted the importance of implementing strict legal and administrative changes
