PIL in Supreme Court Seeking Directions to Centre to Ascertain the Feasibility of Confiscating Cent Per cent Benami Properties Relating to Bribery
(Judicial Quest News Network)
A PIL has been filed in Supreme Court seeking direction to the Centre to ascertain the feasibility of confiscating cent per cent of Black Money, Benami Properties and disproportionate assets of accused person and stringent punishment should be awarded to them i.e. life imprisonment.
The PIL is filed by through Advocate Ashwini Kumar Upadhayay states that the cause of action accrued on 24-01-2020, when corruption watch dog Transparency international put India at 80 in Corruption Perception Index.
The petitioner Submitts that “Due to weak and ineffective anti-corruption laws, India has never been ranked even among top 50 in Corruption Perception Index but Centre has not strengthened them to weed-out the menace of corruption, which brazenly offends rule of law as well as right to life liberty dignity guaranteed under Articles 14 and 21.
The petitioner further adds that “Due to rubbish laws, none of the welfare schemes and government departments are free from corruption and this is the reason, India ranked 1st in Fresh Water Withdrawal, illegal gun ownership, Homeless Population and illegal immigration, 2nd in Intentional Homicides and Traffic Related Deaths, 3rd in CO2 Emission & 4th in Slavery Index.
Due to massive corruption, India ranked 42 in Employment Rate, 43 in Quality of Life Index, 51 in Democracy Index, 68 in Rule of Law Index, 84 in Air Quality Index, 102 in Hunger Index, 115 in Human Capital Index, 125 in Gender Discrimination, 130 in Life Expectancy Index, 134 in Youth Development Index, 136 in Global Peace Index, 139 in GDP Per Capita, 142 in Press Freedom Index, 144 in World Happiness Index, 145 in Education Index, 168 in Literacy Rate and 177 in Environment Performance Index, but Centre did nothing till date.
Because of action accrued on 24.1.2020, when corruption watchdog Transparency International put India at 80 in Corruption Perception Index. India ranked 66 in 1998, 72 in 1999, 69 in 2000, 71 in 2001, 71 in 2002, 83 in 2003, 90 in 2004, 88 in 2005, 70 in 2006, 72 in 2007, 85 in 2008, 84 in 2009, 87 in 2010, 95 in 2011, 94 in 2012, 87 in 2013, 85 in 2014, 76 in 2015, 79 in 2016, 81 in 2017, 78 in 2018.
“Corruption is key element in economic underperformance and main obstacle in poverty alleviation. Right to life and liberty guaranteed under Article 21 cannot be secured and the golden goals of Preamble cannot be achieved without curbing corruption. Therefore, it is duty of Centre to implement the best and most effective anti-corruption laws of the world in order to give strong message that Government is determined to weed-out corruption”
The petitioner in his prayers seeks the following directions to the Centre
ascertain the feasibility of confiscating cent percent Black Money, Benami Properties and Disproportionate Assets and awarding Life Imprisonment in offences relating to bribery, black money, benami property, disproportionate assets, tax evasion, money laundering, profiteering, grain hoarding, food adulteration, human and drug trafficking, black marketing, cheating, fraud, forgery, dishonest misappropriation of property, criminal breach of trust, falsification of accounts, benami transaction, corporate fraud and forensic fraud;
b) Alternatively, being custodian of the Constitution and protector of fundamental rights, the Court may direct the Law Commission of India and/or Lokpal to examine and publish the best anti-corruption laws of the world, particularly the most effective provisions related to bribery, black money, benami property, disproportionate assets, tax evasion, money laundering, profiteering, grain hoarding, food adulteration, human-drug trafficking, black marketing, cheating, forgery, criminal breach of trust, falsification of accounts, benami transactions and fraud including corporate fraud and forensic fraud;
