Saturday, June 11, 2011


"In this country, if there are two laws that need to be changed or amended to act as a deterrent, they are laws relating to anti-corruption and sale of spurious drugs," the bench said on Wednesday while dismissing the appeal of an Assistant Excise Commissioner in a graft case..."• The Prevention Corruption Act,1988---with some amendments and additions etc., of Act 2 of 1947,46 of 1952, IPC etc..,
makes feature providing no exemption of any public servant from any  proceeding by this Act,
then why there shall be provision at all for getting sanction before prosecution, there by making and paving way for corrupt practices by one or the other source,
and in some context, why there shall be exemptions to some privileged dignitaries; in the present scenario every citizen shall have to be treated alike,
if once, any allegation of corrupt practices are reported against the Public Servant; preponderance of probabilities shall be the guiding principle to come to conclusions to award conviction to the maximum of life imprisonment;
and confiscation of entire properties undeclared in their ‘annual declarations; declaration of assets by all the citizens, what ever may be their status or living conditions,
it shall be made applicable to all and by Law, irrespective whether they hold jobs/portfolios/like the PM, judges,;
it shall be the duty and burden upon them to declare as and when any new assets / properties / movable or immovable have been brought in by the spouse and all other dependents; the burden of proof shall be on the accused and not for the Prosecution to prove the guilt, like in the RP(UP) Act,1966;
in so far as to the case of corrupt practices are concerned there shall be discrimination and differentiation between the cadres, that is all shall have to be treated alike-whether class-I/II Cadre officers or class III/IV personnel- all shall be suspended forthwith and the suspension shall continue –  in these type of exceptional cases- till the case is finalized ;
the court case and/or the departmental case shall be finalized within a specified period of time-say 6-12 months time, duly making the proceedings and hearings, recording of statements, etc and finalizing the case within that period, without any time extensions on one or other grounds; justice shall not be delayed;
The I.O's inquiry/investigation shall be deemed to be judicial proceedings as made in the RP(UP)Act case;

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