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CJI wants powers to judiciary to seize assets of corrupt officials |
Chief Justice of India K.G. Balakrishnan on Saturday
pitched for the constitutional provision for seizure of illegal properties and
assets of government officials convicted of corruption charges. Speaking in the
national seminar on 'Fighting Crimes related to Corruption,' Balakrishnan said:"If
a public official amasses wealth at the cost of public, then the state is justified
in seizing such assets." "One prominent suggestion is the inclusion of a statutory
remedy that will enable confiscation of properties belonging to persons who are
convicted of offences under the Prevention of Corruption Act (PCA)", he said.
He opined that procedural delays like granting sanction and difficulty in marshalling
large number of witnesses were the major hurdles in achieving meaningful convictions.
Over 9,000 anti corruption cases are pending before various courts in the country
due to lack of designated courts. "It is necessary that there should be a speedy
manner of granting sanction. The prosecution becomes ineffective if the sanction
is granted after six or seven years." Balakrishnan expressed concern over the
dependence of the investigative agencies on collecting large number of witnesses
in the corruption cases, instead of coming out with solid witnesses. "Instead
of having eight to ten witnesses, emphasis should be on having one solid witness
to prove the case," he suggested. He also expressed concern over the delay in
grating the permission by the higher officials to prosecute the corruption charges
of the lower officials. Stressing on the need for close co-ordination between
investigating officers and prosecution lawyers, Balakrishnan suggested the creation
of a specialized team of lawyers to ensure that they will progressively develop
expertise in prosecuting corruption-related cases. "The real problem here is that
investigating agency has been relying on government law officers and standing
counsels to conduct the prosecutions where as there is a need for retaining a
regular team of lawyers which will progressively develop expertise in prosecuting
corruption-related cases," Balakrishnan said. |
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