Courts continue to come down heavily on power thieves. In three separate cases of, the Special Courts of Electricity Tis Hazari and Dwarka, have sentenced four power-thieves, including owners of a 30-room guest, to Jail and imposed heavy penalties. In the first case, the two guest house owners were awarded three-year Rigorous Imprisonment (RI) and penalized Rs 33 lakhs (Fine Rs 20.14 lakhs + Civil Liability of Rs 13 lakhs).

In the second case, a person was penalised Rs 23.70 lakhs (Fine Rs 14.2 lakhs + Civil Liability of Rs 9.49 lakhs). Moreover, in both the cases, in case of default of the fines, they will have to undergo Simple Imprisonment (SI) of six months and three months respectively. In both cases, the accused had pleaded not guilty and claimed trial.

In the third case, a Special Court of Electricity, Dwarka, let off a person convicted of power-theft, only after he had paid a penalty of over Rs 73,000 and spent a couple of days in jail.

While awarding the sentence, the Special Court Tis Hazari ASJ/ Special Judge Electricity Mr Arul Varma referred to a verdict of the Hon’ble Supreme Court, which unequivocally advances the proposition that case of theft of electricity are to be dealt with an iron hand.

While pronouncing the judgment, the Special Court order says “it is of utmost importance to underscore that it is not a mere theft, but it is one which not only causes stupendous economic loss but also jeopardizes lives”.

Virtually terming electricity theft as a threat to the ‘Right to Life’ under Article 21 of the Constitution of India, the Special Courts order says “Article 21 jurisprudence, which encompasses right to life within its fold, can certainly be extended to include within its ambit the right to a safe environment and safe surroundings. Rampant electricity theft, loose and open dangling wires which are a necessary concomitant result thereof, endanger the lives of inhabitants living nearby. This surely is a violation of Right to Life under Article 21 of the Constitution of India”

“After taking the entire aggravating and mitigating facts into consideration, the mode and manner of committing direct theft of electricity and the attending circumstances as brought on record during trial, especially the factum of involvement in more than 800 cases which speaks volumes of their recalcitrance, this Court is of the view that interest of justice shall be met by sentencing the convicts namely Mohd Khalid and Shezada Bilal to undergo the maximum punishment prescribed by law of the land. Accordingly, in terms of Section 135 of the Electricity Act, 2003, they are hereby sentenced to suffer rigorous imprisonment (RI) for a period of three years”

Citing Section 154 (5), which states that civil liability means loss or damage incurred by the Board or licensee on account of theft of electricity by the consumer, the order stated that civil liability is synonymous to ‘wrongful loss’ as contained in the IPC.