Twenty-seven years have passed since Coimbatore-based consumer activist K. Kathirmathiyon handed over ₹400 in trap money when he approached the Directorate of Vigilance and Anti-Corruption (DVAC) against an electricity department official who had demanded a bribe. The DVAC is yet to refund him.
“Besides my own case, I know several complainants in trap cases whose money has not been refunded by the DVAC after years, even decades. A friend of mine, who was a complainant in 2001, died in 2022 without getting ₹4,000 refunded. Due to the undue delay on the part of the DVAC, he had faced a lot of criticism from family and friends,” says Mr. Kathirmathiyon.
A trap proceeding starts when a person lodges a complaint with the DVAC against a government official for demanding a bribe. After verifying the complaint and conducting a discreet inquiry, the DVAC registers a First Information Report. A trap is then set up, for which the sum demanded by the government official is required.
“As of now, DVAC officials ask the complainants to give the money, which is laced with phenolphthalein (a compound that is invisible, but will show up red if dipped in water). After the official is caught “red-handed”, the money gets deposited with the court as material evidence. Generally, an official registers the FIR and another investigates the case. These officials may get transferred when the trial begins. An entirely different official may be handling the case when the judgment is delivered. Besides informing the complainant, who is a witness in a trap case, when to appear before court, DVAC officials barely keep him or her informed about judgment or help in getting the money refunded,” Mr. Kathirmathiyon says.
A senior police officer, who had worked with the DVAC, admits that many persons hesitate to file complaints against corrupt officials because they are asked to use their own money for the trap. Mr. Kathirmathiyon says the delay in refunding the trap money will discourage people from fighting against corruption. When Mr. Kathirmathiyon filed a public interest litigation petition over the delay in refund of trap money in 2007 and based on the orders of the Madras High Court, the Vigilance Commissioner replied that the government had issued orders for refund of a sum equivalent to the trap money.
“In such a case, we are unable to understand the reasons for non-refund of trap money even after decades. The complainants should not feel that they are penalised for fighting corruption. As complainants are made to pay the money for a trap and endlessly wait for the refund, most of them get discouraged. They may also prefer negotiating and parting with the money to corrupt officials to get their needs fulfilled. The system and the procedure followed for refund of trap money need to be changed,” adds Mr. Kathirmathiyon, who has written to the Secretary, Home Department, highlighting the issue.
