Mohinder Verma
JAMMU, Oct 12: In order to handle the huge pendency of corruption cases and ensure prompt punishment to the corrupt elements, the State Government has set in motion the process to confer powers on all the courts of Additional District Judges across the State under Prevention of Corruption Act. At present, only two Principles Courts and two Additional Courts are dealing with the cases relating to corruption, the menace of which is otherwise continuously increasing and has become mother of all evils in the society.
This exercise has been initiated by the State Government on the directions of High Court, which in one of its judgements of far reaching consequences, has not only expressed anguish over the State’s ‘cold shoulder’ response towards handling the monster of corruption but also issued directions to the State Chief Secretary to take immediate steps for conferring powers on all the Courts of Additional District Judges in the State excepting that of District Srinagar and Jammu under Prevention of Corruption Act, 2006.
Official sources told EXCELSIOR that following the directions of High Court, the Law Department has written to the Registrar General of High Court mentioning that proper concurrence was required from the High Court to confer powers on all the courts of Additional District Judges. Similarly, the Finance, General Administration and Home Departments have also been approached by the Law Department for comments.
“As soon as the comments of these Departments and concurrence from the Registrar General are received, these courts will be conferred powers with the issuance of SRO by the Law Department”, sources said, adding “since the High Court has itself issued directions in this regard and even expressed grave concern over the increasing corruption, the State would have to complete the exercise within shortest possible time”.
While passing directions to the Chief Secretary for conferring powers on all courts of Additional District Judges, Justice Muzaffar Hussain Attar has observed, “the menace of corruption has corroded the basic human values. It has created neo-rich class in the society. Corrupt people are parasites who swell themselves by sucking blood of the poorest of poor”, adding “the society gets de-stabilized by abominable corrupt practices indulged into by back sheep in the society”.
“The major portion of the public funds are siphoned off into coffers of few corrupt people and this in turn has potential of breaking down the economic back bone of the nation. Corruption is the greatest threat to the democratic institutions. The corrupt practices of small band of people inflict untold and unbearable miseries on the poor and down-trodden class of the society. The Corruption if unchecked will eventually lead to anarchy in the society”, Justice Attar said.
“Some drastic steps are required to be taken for arresting the spread of corruption. The people, who are arrested for having violated the provisions of Prevention of Corruption Act, are mostly acquitted of the charges”, he said, adding “the primary and fundamental reason is that in this State at present there are only two Principles Courts and two Additional Courts dealing with the cases of corruption. The huge pendency of these cases on the files of these courts is cause of enormous delay in the disposal of such cases and resultantly the accused are the only beneficiary of the delayed disposal of cases”.
“By the time a case reaches to the stage of leading evidence, most of the prosecution witnesses lose interest in the case and some of them are not available for whatsoever reason”, Justice Attar has further observed in the judgement, adding “there is another cause for acquittal of the accused viz the offence under Prevention of Corruption Act may be committed at a far of place like Bhalessa in Doda district. The witnesses would be from that place and the trial is conducted in Jammu. If a witness from such distant place appears before the Trial Court at Jammu and for any reason his statement is not recorded, he gets dis-interested and it is accused only who is benefited”.
Since the acquittal of the accused in these circumstances has the affect of encouraging corruption in the society, the State has to create necessary paraphernalia and create more courts for exclusively dealing with the offences punishable under the Prevention of Corruption Act, Justice Attar said, adding “the High Court on administrative side had recommended for creation of two mobile courts. But it appears till date no step has been taken even for creating and setting up of these mobile courts. In order to secure corruption free society, the State has to take all necessary steps”.
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