Despite lapse of 5 months, Govt sleeping over HC’s directions

Mohinder Verma
JAMMU, Dec 29: Notwithstanding the fact that corruption has engulfed the society like wildfire and is considered as mother of all evils, the State Government is sleeping over the directions of the High Court regarding conferring powers on all the courts of Additional District Judges across the State under Prevention of Corruption Act to deal with this menace expeditiously.
The Srinagar Wing of the High Court in a case titled Mohammad Amin Beigh Versus State and Others had on July 9, 2012 directed the State through Chief Secretary to take immediate steps for conferring powers on all the Courts of Additional District Judges in the State excepting that of Srinagar and Jammu districts, under Prevention of Corruption Act, 2006.
These directions were issued on the ground that on one side the corruption is continuously increasing and on the other side there is huge pendency of such cases because only two Principles Courts and two Additional Courts are dealing with the cases of corruption in the State.
In the detailed order, the High Court had also mentioned that the State is under constitutional obligation to provide corruption free society and in order to attain such goal the State is duty bound to create more courts for exclusively dealing with the offences punishable under the Prevention of Corruption Act, 2006.
Following the directions of the High Court, the Law Department wrote to Finance, General Administration and Home Departments seeking their comments before implementation of the directions of far reaching consequences, official sources told EXCELSIOR, adding “even the Registrar General of the High Court was approached on the ground that proper concurrence was required from the High Court to confer powers on all the Courts of Additional District Judges”.
Responding to the communication, the Registrar General of the High Court conveyed to the Law Department, “since it is a judicial order no clarification or concurrence is required at all. As no appeal has been filed against the order of the High Court dated July 9, 2012, Government has to obey the orders”, sources said quoting Registrar General having conveyed to the Law Department.
However, neither General Administration Department nor Home Department has so far furnished comments to the Law Department as such no progress could be made towards the implementation of High Court’s directions, which otherwise have much importance in arresting the spread of corruption and time bound disposal of the corruption cases.
“Since the High Court has itself issued directions about conferring powers on the Courts of Additional District Judges and even expressed grave concern over the increasing corruption, the State should not have any hitch in completing the exercise and implementing the directions in totality”, sources said.
“If all the Courts of Additional District Judges are conferred powers under the Prevention of Corruption Act, 2006 then there would be speedy disposal of the cases and the accused would be taken to task in a time bound manner”, sources said.
It is pertinent to mention here that the High Court in its order dated July 9, 2012 had observed, “the menace of corruption has corroded the basic human values. It has created neo-rich class in the society. Corrupt people are parasites, who swell themselves by sucking blood of the poorest of poor”, adding “the society gets de-stabilized by abominable corrupt practices indulged into by black sheep in the society”.
“The major portion of the public funds is siphoned off into coffers of few corrupt people and this in turn has potential of breaking down the economic back bone of the nation. The corruption is the greatest threat to the democratic institutions. The corrupt practices of small band of people inflict untold and unbearable miseries on the poor and down-trodden class of the society. The corruption if unchecked will eventually lead to anarchy in the society”, the Court had stated while stressing the need for taking some drastic steps for arresting the spread of corruption.


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