Has the Prevention of Corruption Act become redundant?

Suresh Sahni

Suresh Sahni

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Corruption in the Public Service has retarded the growth of country

The noble words of Dr Abdul Kalam, former President of India after noticing the rampant corruption prevailing in the country very sagely said that

If a country is to be corruption free and become a nation of beautiful minds, I strongly feel there are three key societal members who can make a difference. They are the father, the mother and the teacher.”

The underlying message in those lines is aptly explicit and unambiguous that a solemn pious social obligation rests upon the parents and the teachers to imbibe the ideals of corruption-free life in the hearts of their respective wards and pupils.

After a long time, it has been seen from the depth of the message of the D.G.P., Anti-Corruption Bureau, State of Rajasthan, especially at a time when few TV channels are battering the Commissioner of Mumbai Paramveer Singh for his conduct.

corruption
DGP B L Soni

The recently appointed D.G., A.C.B. (Anti Corruption Bureau) Rajasthan, B.L. Soni said that “If any public servant of the Govt. of Rajasthan or Govt. of India is asking for illegal gratification from you for your official work, please contact us, we will ensure that your genuine work is done properly” is extremely laudable.

Soni to his credit has an impeccable record and is known for his uprightness, courtesy and adherence towards the law. The above mentioned statement in all sum and reality has given a fresh lease of life to the nearly redundant- ‘Prevention of Corruption Act, 1988’.

However, his colleague M. N. Dinesh was doing best at his command to eradicate corruption from the society as much as he can do. It is in the public domain that when he with his all skill and honesty was capturing the accused; the then head of A.C.B. was changing the investigation team at his fancy and avarice to bestow favour upon the criminals. The then dispensation interfered, and the officer interfering with the investigation and was shown the exit door.

To me, Soni is lucky to have a team of good officers and also the support of present dispensation. If he would exhibit the requisite inclination; there is no reason that the message will send a chill down the spine to corrupt officers’. He must ensure that access to public service must be corruption-free at every level.

corruption
T N Sheshan

In that event public at large will remember Soni and his team, like the reforms in the Election Commission initiated by T. N. Seshan former Chief Election Commissioner of India.

Apart from the cases of trap falling u/s 7, 8, 9, 10 & 11 of The Prevention of Corruption Act for which the information from the complainant is needed, and it is further cumbered by the other procedure to catch the person while accepting the tainted money or other gifts which takes substantial time.

The A.C.B. under the aegis of Soni must move swiftly to dig-out the cases falling, within the arena of section 13(i)(e) of the Act, which relates to possession of property which is disproportionate to the known source of income. The section reads thus:-

“(e) if he or any person on his behalf, is in possession or has, at any time during the period of his office, been in possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income.

Explanation: for the purpose of this section, “known sources of income” means income received from any lawful source and such receipt has been intimated in accordance with the provision of any law, rules or orders for the time being applicable to a public servant.”

It is the undisputed fact that corrupt bureaucrats and other ministerial staff have accumulated untold money employing corruption. To fasten the guilt upon them, the same does not require any complaint. The A.C.B.  can initiate the law in motion suo moto .

corruptionSuppose it would be done following the spirit of the law; in that case, the property which is disproportionate to the known source of income is confiscated with the due process of law, shall be known as a historical endeavour in this regard.

The biggest impediment which retards the prosecution is having its genesis in Prevention of Corruption Act that the sanction to prosecute the accused despite monumental evidence in terms of section 19 of the Act takes a very very long time at the stage of sanctioning authority, described under the Act. Resultantly, the material evidence either evaporates or the efflux of time entails winning of witnesses etc.

The author is a practising advocate and in the crusade of eradication of corruption is inclined to offer his free and gratis services whenever the ruling dispensation is causing the delay in grant of sanction.

The other States and Union Territories should also emulate the strategy adopted by Soni to liquidate the Frankensteinian monster of corruption. India, to its discredit, is already having the rank of 80th least corrupted country out of 180 countries.

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Suresh Sahni

Suresh Sahni

Suresh Sahni is a Senior Advocate at Rajasthan High Court.

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