Skip to main content

Why legal protection for corrupt officials, asks SC

The Supreme Court on Wednesday observed that the provision on sanction for prosecution was impeding the anti-corruption law and asked the Centre why it was protecting the top bureaucracy by having it on
the statute.
A Constitution Bench of Justices R.M. Lodha, A.K. Patnaik, S.K. Mukhopadhaya, Dipak Misra and Ibrahim Kalifulla is hearing petitions filed by BJP leader Subramanian Swamy and the Centre for Public Interest Litigation, challenging the constitutional validity of Section 6A of the Delhi Special Police Establishment Act, which protects officers in the rank of Joint Secretary and above from any CBI inquiry in cases of corruption.
Even as Additional Solicitor-General L. Nageswara Rao was defending the provision, Justice Lodha observed: “Sorry to say but the legislature has not done a responsible job. In the process, you are protecting the entire top bureaucracy. This is class legislation. You are creating a class of suspects in corruption cases.” 
Mr. Rao contended that Section 6A was required to protect senior bureaucrats involved in policy decisions from vexatious litigation. 
Justice Lodha referred to provisions of the Prevention of Corruption Act and said only two of the eight offences mentioned in the law related to policymaking decisions. “If a complaint of bribery comes against a Joint Secretary, does that fall under policymaking decision? Under the PCA, sanction is required to file a charge sheet against all government officers, irrespective of their designation. Then why is there double protection to officers in the rank of Joint Secretary and above? If a Joint Secretary was responsible for taking decisions, why should a junior be prosecuted for no fault of his?”  
Mr. Rao said courts could not strike down a provision for being arbitrary to substitute its own wisdom for that of the legislature as long as there was legislative competence.
Centre “creating a class of suspects in corruption cases”

Comments

Popular posts from this blog

Khar’s experimentation with Himalayan nettle brings recognition (downtoearth)

Nature never fails to surprise us. In many parts of the world, natural resources are the only source of livelihood opportunities available to people. They can be in the form of wild shrubs like Daphne papyracea and Daphne bholua (paper plant) that are used to make paper or Gossypium spp (cotton) that forms the backbone of the textile industry.

Nothing can compete with the dynamism of biological resources. Recently, Girardinia diversifolia (Himalayan nettle), a fibre-yielding plant, has become an important livelihood option for people living in the remote mountainous villages of the Hindu Kush Himalaya.

There is a community in Khar, a hamlet in Darchula district in far-western Nepal, which produces fabrics from Himalayan nettle. The fabric and the things made from it are sold in local as well as national and international markets as high-end products.

A Himalayan nettle value chain development initiative implemented by the Kailash Sacred Landscape Conservation and Development Initiati…

SC asks Centre to strike a balance on Rohingya issue (.hindu)

Supreme Court orally indicates that the government should not deport Rohingya “now” as the Centre prevails over it to not record any such views in its formal order, citing “international ramifications”.

The Supreme Court on Friday came close to ordering the government not to deport the Rohingya.

It finally settled on merely observing that a balance should be struck between humanitarian concern for the community and the country's national security and economic interests.

The court was hearing a bunch of petitions, one filed by persons within the Rohingya community, against a proposed move to deport over 40,000 Rohingya refugees. A three-judge Bench, led by Chief Justice of India Dipak Misra, began by orally indicating that the government should not deport Rohingya “now”, but the government prevailed on the court to not pass any formal order, citing “international ramifications”. With this, the status quo continues even though the court gave the community liberty to approach it in …

Cloud seeding

Demonstrating the function of the flare rack that carries silver iodide for cloud-seeding through an aircraft. 
Water is essential for life on the earth. Precipitation from the skies is the only source for it. India and the rest of Asia are dependent on the monsoons for rains. While the South West Monsoon is the main source for India as a whole, Tamil Nadu and coastal areas of South Andhra Pradesh get the benefit of the North East Monsoon, which is just a less dependable beat on the reversal of the South West Monsoon winds.