Sunday, August 16, 2020
Home Uncategorized Corruption is self-infectious which gradually turns into economic terror: SC

Corruption is self-infectious which gradually turns into economic terror: SC

New Delhi: The Supreme Court on Thursday said corruption is self-infectious, which has developed resistance to all sorts of curbs and controls and also become an economic terror as it upheld validity of the Orissa and Bihar Special Court Act providing for speedy trial of public servants accused of alleged graft and for confiscation of their properties earned illegally.

A bench of Justice Anil R. Dave and Justice Dipak Misra expressed their concern in their judgment.

Corruption, a ‘noun’ when assumes all the characteristics of a ‘verb’, becomes self-infective and also develops resistance to antibiotics,

In such a situation, the court said that the disguised protagonist never puts a Hamletian question – “to be or not to be” – “but marches ahead with perverted proclivity – sans concern, sans care for collective interest, and irrefragably without conscience”.

In a way, corruption becomes a national economic terror. This social calamity warrants a different control and hence, the legislature comes up with special legislation with stringent provisions,” Justice Misra said speaking for bench and upholding the validity of the Orissa and Bihar law in three separate appeals against the orders of Orissa High Court and Patna High Court.

Addressing the challenge to the law by the petitioners who were public servants and accused of allegedly possessing assets disproportionate to their known sources of income, the court said that the “establishment of special courts under the Orissa Act as well as the Bihar Act is not violative of article 247 of the constitution.”

The court further said that the both the acts “providing for confiscation of property or money or both neither violate article 14 nor article 20(1) nor article 21 of the constitution” and the “procedure provided for confiscation and the proceedings before the authorised officer do not cause any discomfort either to article 14 or to article 20(3) of the constitution“.

Article 14 guarantees equality before law and article 20(3) say that no person accused of any offense shall be compelled to be a witness against himself.

However, the court said that when the Bihar act provides to follow the warrant procedure prescribed by the Code of Criminal Procedure for a trial of cases before a magistrate, the 2010 Rules could not have prescribed for the summary procedure.

Holding that the rules have to be in accord with the act, the court said: “The rules can supplement the provisions of the act, but decidedly they cannot supplant the same. Therefore, we declare that part of rule 12 which lays down that the learned special judge shall follow summary procedure is ultra vires the Bihar act.(IANS)




Most Popular

Google Announces Updates in its Search to Help People Travel Safely

As some countries begin to reopen their businesses, Google has announced two new updates in its Search to help people travel safely and with...

Asymptomatic Covid-19 Patients Less Likely to Infect Close Contacts

New research has added to the growing body of evidence that asymptomatic patients suffering from Covid-19 are less likely to infect close contacts compared...

More Than Half of Indian Population Optimistic of Economic Recovery Soon

More than half the nation's population is optimistic that India will experience growth and economic recovery within two years, according to a Local Circles...

Plasma Therapy Treatment Safe, Effective for Covid Patients: Researchers

In an ongoing study of more than 300 Covid-19 patients treated with convalescent plasma therapy in the US, researchers suggest that the treatment is...

Changes in Weight Between Young Adulthood, Midlife Linked to Early Death Risk

Changes in weight between young adulthood and midlife may have important consequences for a person's risk of early death, say researchers. The study found that...

Researchers Develop AI Software That Assess 3D Printing Quality in Real Time

A team of US researchers has developed artificial intelligence (AI) software for 3D printers that assesses the quality of parts in real time, without...

Big B, Ramesh Sippy, Hema Recall Memories as ‘Sholay’ Turns 45

The blockbuster Sholay turned 45 on August 15. Amitabh Bachchan, Hema Malini and director Ramesh Sippy looked back to dissect how and why the...

A New Test can Diagnose Covid-19 in Just 20 Minutes

In an ongoing fight against the novel coronavirus, the researchers have developed a new test that can diagnose Covid-19 in just 20 minutes. The findings,...

Recent Comments