Fayaz Bukhari
Srinagar, Jan 1: Jammu and Kashmir High Court today pulled up the State Government for not giving effective consideration to its suggestions on making the Anti-Corruption Act more stringent and effective.
A Division Bench of Jammu and Kashmir High Court comprising Justice Virender Singh and Justice Muzaffar Hussain Attar directed the Government through Chief Secretary to consider expeditiously the observations made by the court in its order in December last year so as to secure the public interest which is paramount to all the constitutional authorities.
The court directed the Government to reconsider the whole issue in the light of the suggestions made by the court in its order in July 2012 after it observed the recommendations made by the committee to the Government for amending the Act appears to be “eyewash”.
The Bench after examining the status report submitted by the Additional Advocate General J A Kawoosa pulled up the Government for “not giving effective consideration to the suggestions made by the court in the order of July 2012.”
While passing the directions, the Bench said: “We hope and trust that the State Government will take lead and guide rest of the country by making prevention of Corruption Act more stringent, more effective and more deterrent.”
The Chief Secretary will file the status by or before the next hearing, the court further directed.
During arguments, the amicus senior advocate Bashir Ahmad Bashir prayed that the proposals made by the committee to the Government to amend the Prevention of Corruption Act are unjustifiable as the corruption has risen to alarming proportion and thus the law has to be most powerful.
The court observed that corruption which is threatening the very existence of human lives if not fought as per law with vibrating zeal and pulsating enthusiasm and with utmost devotion and dedication may in the near future result in catastrophic situation.
The court observed that it is the duty of the Government to provide effective, stringent and deterrent legal mechanism to deal with the menace of corruption.
“The brunt of the corrupt activities of few people is being borne by majority of population. Because of their corrupt practices, large section of society has to sleep with one meal a day and children instead of going to school have to either beg or work for keeping their flesh and blood together,” the court observed.
The court had given seven suggestions to amend the Act which included awarding maximum of 20 years and minimum of 6 years in jail under Section 5 (2) of the Act, making bail provisions stringent and parallel to Narcotic Drugs and Psychotropic Substance Act.
One of the suggestions made to make the act strong is: “In case after receipt of report/record from the Vigilance Organization, the competent authority does not accord sanction for prosecution within a period of one month, it shall be deemed that sanction for prosecution has been granted.”
The others suggestions include posting and appointing of more trained Investigation Officers in Vigilance Organization and prescribing outer time limit for conducting investigation; ensuring that once the charge is framed, trial shall continue on day to day basis till its conclusion and lastly Investigation Officer shall be made responsible to ensure attendance of the prosecution witnesses before the trial court.
Trending Now
E-Paper
Follow our WhatsApp channel