"In this country, if there are two laws that need to be changed or amended to act as a deterrent, they are laws relating to Anti-Corruption and sale of spurious drugs," the Bench/Apex Court, said on Wednesday(08-6-2011) while dismissing the Appeal of an Assistant Excise Commissioner in a graft case..."
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• Proposal :::Amendment to Prevention of Corruption Act:
• the word ‘Prevention’ shall be replaced with ‘Eradication’;
• who ever may be in the government, deemed to be a public servant from top to the lowest shall be subject to the Act, the definition, which shall include the PM,CJM and others;
• The Prevention Corruption Act, 1988---with some amendments and additions etc., of Acts-- 2 of 1947, 46 of 1952, IPC ss-161-165\(a)etc..,
• makes feature providing no exemption of any public servant from any proceeding by this Act,
• then why there shall be provision at all for getting sanction before prosecution, there by making and paving way for corrupt practices by one or the other source,
• and in some context, why there shall be exemptions to some privileged dignitaries; in the present scenario every citizen shall have to be treated alike,
• if once, any allegation of corrupt practices are reported against the Public Servant; preponderance of probabilities shall be the guiding principle to come to conclusions to award conviction to the maximum of life imprisonment;
• and confiscation of entire properties undeclared in their ‘annual declarations; declaration of assets by all the citizens, what ever may be their status or living conditions,
• it shall be made applicable to all and by Law, irrespective whether they hold jobs/portfolios/like the PM, judges,;
• it shall be the duty and burden upon them to declare as and when any new assets / properties / movable or immovable have been brought in by the spouse and all other dependents; the burden of proof shall be on the accused and not for the Prosecution to prove the guilt, like in the RP(UP) Act,1966;
• in so far as to the case of corrupt practices are concerned there shall be discrimination and differentiation between the cadres, that is all shall have to be treated alike-whether class-I/II Cadre officers or class III/IV personnel- all shall be suspended forthwith and the suspension shall continue – in these type of exceptional cases- till the case is finalized ;
• the court case and/or the departmental case shall be finalized within a specified period of time-say 6-12 months time, duly making the proceedings and hearings, recording of statements, etc and finalizing the case within that period, without any time extensions on one or other grounds; justice shall not be delayed;
• the I.O’s inquiry/investigation shall be made as deemed to be judicial proceedings as in the case of RP(UP) Act,1966 case;
II: definition and meaning – black money- not logically or literally, this shall have to be defined by an act to contain and curtail all types of black money within India and throughout other countries : follows….
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