'Large Scale Corruption Retards Nation-Building Activities' : Supreme Court Calls For Sincere Efforts To Punish Corrupt Public Servants

A Constitution Bench of the Supreme Court, on Thursday, reckoned that in corruption cases where public servants are accused, the complainants and teh prosecution should make sincere efforts to see to it that that corrupted public servants are punished, in order to eradicate corruption from administration."We hope and trust that the complainants as well as the prosecution make sincere efforts to ensure that the corrupt public servants are brought to book and convicted so that the administration and the governance becomes unpolluted and free from corruption."While answering the reference, 'whether in the absence of direct evidence regarding demand or giving of bribe, there can be conviction under the Prevention of Corruption Act based on circumstantial inferences' in the affirmative a 5-Judge Bench comprising Justices Abdul Nazeer, B. R. Gavai, A. S. Bopanna, V. Ramasubramanian and B. V. Nagarathna, made the above-quoted statement. The Constitution Bench held that in the absence of evidence of complainant/direct or primary evidence of demand of illegal gratification, it is permissible to draw inferential deduction of culpability/guilt of a public servant under Section 7 and Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 based on other evidence adduced by the prosecution.Pronouncing the order, Justice Nagarathna, noted previous judgments of the Apex Court wherein the Court had indicated how the corruption amongst the public servants erodes public confidence in institutions, affects their functioning and also demoralises honest officials. In this regard, the Bench reiterated what the Apex Court had observed in its judgment in Swatantar Singh v. State of Haryana "It is sad but a bitter reality that corruption is corroding, like cancerous lymph nodes, the vital veins of the body politics, social fabric of efficiency in the public service and demoralising the honest officers. The efficiency in public service would improve only when the public servant devotes his sincere attention and does the duty diligently, truthfully, honestly and devotes himself assiduously to the performance of the duties of his post. The reputation of corrupt would gather thick and unchaseable clouds around the conduct of the officer and gain notoreity much faster than the smoke."It also quoted the judgment in A.B.Bhaskara Rao v. CBI."It is difficult to accept the prayer of the respondent that a lenient view be taken in this case. The corruption by public servants has become a gigantic problem. It has spread everywhere. No facet of public activity has been left unaffected by the stink of corruption. It has deep and pervasive impact on the functioning of the entire country. Large-scale corruption retards the nation-building activities and everyone has to suffer on that count." [Case Title: Neeraj Dutta v. State (GNCTD) |Criminal Appeal No(s). 1669/2009]

'Large Scale Corruption Retards Nation-Building Activities' : Supreme Court Calls For Sincere Efforts To Punish Corrupt Public Servants

Sohini Chowdhury

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