Need for amending anti-graft law in the country: SC

Need for amending anti-graft law in the country: SC

Amidst growing demand of the civil society for a strong anti-graft law and confiscation of black money, the Supreme Court sought amendment to the Prevention of Corruption Act (PCA) to root out corruption in the country.

·       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 made as deemed to be judicial proceedings as in the case of RP(UP) Act,1966 case;