Madras High Court Suggests Death Penalty For Corruption Like In China, North Korea, Indonesia Etc [Read Judgment]

The Madras High Court on Monday opined that the Central Government should consider imposing death penalty as a punishment for corrupt practices, as done in foreign jurisdictions like in China, North Korea, Indonesia, Thailand and Morocco."The Central Government may consider imposing punishment, such as, "hanging" or "death penalty", for corrupt practices or for demanding and accepting bribes, like in China, North Korea, Indonesia, Thailand and Morocco", the Court observed. The observation was made by a Bench of Justices N. Kirubakaran and B. Pugalendhi, after it noted that people are being compelled to accept corruption as normal. "Corruption has become deep rooted and has spread like Cancer. Every day, it is reported in the media that many officials are caught red handed, while taking bribes. Hence, the punishment needs to be enhanced," the Bench reasoned. It has therefore suo moto impleaded the Ministry of Home Affairs, Ministry of Law and Justice and the Ministry of Parliamentary Affairs, as Respondent parties. The Court was hearing a PIL filed by Advocate AP Suryakrasam, pointing out certain shortcomings in procurement of paddy from the farmers at the Procurement Centres, including demand of bribe by the certain officers. The Bench took judicial notice of media reports disclosing that during inspection in the Procurement Centres, large sums of money have been seized. In connection to a media report that a sum of Rs. 2,00,000/- had been seized from a procurement centre, the Court remarked, "These raids and the seizure of amounts would only support the contention of the petitioner that a sum of Rs.30/- to Rs.40/- is being demanded by the officials as a bribe from the Agriculturists, who bring their produce to the Procurement Centre." Other directions After noting certain contradictions in the counter affidavit filed by the Tamil Nadu Civil Supplies Corporation in the matter, the Court asked it to file an additional affidavit, and include the following details: the acts that have been done by the officials, who are found to be negligent or guilty;the action taken as against the delinquent officials, both departmental and criminal action; how much unaccounted money have been found and seized from the delinquent officials? Further, the Court has suo motu impleaded the State's Agricultural Department, as the matter relates to agricultural products. It has asked the Department to file a report as to the steps/ actions taken by the Government based on the report of MS Swaminathan, Architect of Green Revolution in India. Lastly, the Court took note of the recommendations made by the Administrative Reforms Committee (headed by a retired High Court Judge) in April 2008, to ensure corruption free and transparent administration. One of the recommendations accepted by the Government, the Court noted, is delegation of powers and fixing of accountability on every Government Servant, at every stage and every level. Thus, the Court has sought to know what action has been taken by the Government in this regard. To this end, it has suo moto impleaded the State Chief Secretary, Vigilance Commissioner and the Director of Vigilance and Anti-corruption. The matter is now listed for hearing on November 9, 2020. Case Title: AP Suryakrasam v. State of Tamil Nadu & Ors. Click Here To Download Order Read Order

Madras High Court Suggests Death Penalty For Corruption Like In China, North Korea, Indonesia Etc [Read Judgment]

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"The Central Government may consider imposing punishment, such as, “hanging” or “death penalty”, for corrupt practices or for demanding and accepting bribes, like in China, North Korea, Indonesia, Thailand and Morocco", the Court observed.

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