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The Hindu
The Hindu
National
The Hindu Bureau

Confiscate properties of corrupt public servants and resort to interim attachment too, Madras HC directs Home Secretary, DGP

The Madras High Court on Wednesday directed the Home Secretary and the Director- General of Police (DGP) to ensure that proceedings for confiscation of properties were initiated in all corruption cases registered against public servants and pass interim attachment orders as well, if necessary, in appropriate cases.

Justice S.M. Subramaniam issued the direction while dealing with a 2010 writ petition on corruption charges against certain police officials in Kancheepuram district.

Periodical verification

The judge ordered periodical verification of the properties purchased in the names of the officials and their families. “In the event of discrepancies, contradictions or otherwise, all appropriate actions, including confiscation of illegally accumulated wealth, have to be initiated,” the order read.

It also insisted on providing WhatsApp numbers for people to file corruption complaints against government servants.

“Corruption in any from is a crime against the society...Only a negligible number of criminals alone are inside the prison. Fear of laws against corruption have faded from the minds of the corrupt. Political and bureaucratic nexus give hope to corrupt officials to escape from the clutches of the law,” the judge wrote.

He further said: “Corrupt officials are confident of escaping from punishment since implementation of corruption laws in our nation is weak. More so, the laws in force are inadequate to deal with the wealth accumulated through corrupt practices. The criminals are freely allowed to enjoy the illegally accumulated wealth.”Justice Subramaniam recalled that Justice B.P. Jeevan Reddy, former chairman of Law Commission of India, had on February 4, 1999, forwarded the ‘The Corrupt Public Servants (Forfeiture of Property) Bill’ to the then Union Law Minister M. Thambidurai.

Lamenting that the Bill, which dealt with deleterious effects of corruption, remains in cold storage for the last 24 years, the judge said: “In the current day scenario, it is imminent for Parliament to look into the evil effects of corruption in our great nation and do the needful, if necessary, by considering the Bill submitted by Justice B.P. Jeevan Reddy.”

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