Supreme Court backs law to seize corrupt bureaucrats’ assets

Giving stern warning to corrupt public servants, including legislators, ministers and chief ministers, the Supreme Court on Thursday upheld the laws enacted by the Orissa and Bihar governments for confiscation of properties of such public servants and setting up of special courts for these cases.

In its judgment, a bench of Justices Anil R. Dave and Dipak Misra said, in a way corruption becomes a national economic terror. The bench pointed out that a person holding high-public office or political office has opportunities to accumulate disproportionate assets other than his known sources of income. This social calamity warrants a different control and hence, the two state legislatures had come up with special legislation with stringent provisions and these cannot be objected to, it said.

Agreeing with the submissions, Justice Misra said the law aims to curb corruption at high places and is required to be totally repressed, for it destroys the fiscal health of the society and it hampers progress. The laws were brought into existence considering rampant corruption and disproportionate assets amassed by the public servants through illegal means; that it is the obligation of the state to prosecute them and confiscate their ill-gotten assets.

The bench rejected the contention that the laws are unconstitutional and violated right to life and liberty under Article 21 of the Constitution as such provisions and other matters are punishments at the pre-trial stage and hence, the person suffers from double jeopardy. The bench said “the property is confiscated by way of an interim measure by taking recourse to law which we have held to be constitutionally valid. The submission that the man will be on the streets is an argument in frustration but not founded on reason. The plea that he will be ousted from his house would play foul of Article 21 of the Constitution, really does not commend acceptance.”

A person cannot be allowed to indulge in corruption and conceive of protection to his dwelling house after a finding is recorded in the proceeding for confiscation that it is constructed or purchased by way of corrupt means.”

Yogendra Kumar Jaiswal and a large number of public servants challenged the two laws, which were upheld by the high courts or Orissa and Patna. Dismissing the appeals the bench held that the laws are valid and intra vires the Constitution. The bench, however, struck down as invalid one of the Rules framed by Bihar government which provides for Special Courts to follow summary procedure for confiscation of the properties of corrupt public servant.