New Delhi, Sep 12 (Inditop.com) Chief Justice of India K.G. Balakrishnan Saturday favoured provisions for faster governmental sanction to prosecute corrupt officials, besides a law for seizure of their properties after conviction.
“If a public official amasses wealth at the cost of public, then the state is justified in seizing such assets,” said Balakrishnan, inaugurating a national seminar on ‘Fighting crimes related to corruption’.
“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 added.
The seminar, organised jointly by the Central Bureau of Investigation (CBI) and National Institute of Criminology and Forensic Sciences, was also attended by Minister of State for Personnel and Public Grievances Prithviraj Chavan, CBI Director Ashwani Kumar and NICFS Director Kamlendra Prasad.
Pointing out that procedural delays like those in granting sanctions to prosecute corrupt officials is rendering the fight against corruption ineffective, Balakrishnan emphasised the need for faster governmental approval for prosecution.
“It is necessary (that) there should be a speedy manner of granting sanction. The prosecution becomes ineffective if the sanction is granted after six-seven years,” he said.
The chief justice said various competent authorities, empowered under the Prevention of Corruption Act to grant sanction to various investigative agencies to prosecute corrupt officials, often deny the sanction, rendering all investigation meaningless.
“Even in instances where the investigating agencies have gathered substantial material to proceed against a person, it is felt that the necessary sanction is not given on account of extraneous considerations,” he said.
The chief justice also termed the investigative agencies’ method of marshalling several witnesses instead of one committed witness as flawed in proving a corruption case.
“Instead of having eight to 10 witnesses, emphasis should be on having one solid witness to prove the case,” he said.
Expressing concern at the absence of any separate prosecuting agency, the chief justice underlined the need for separation of the task of prosecution and investigation within the CBI and other investigative agencies.
“I understand that there has been considerable resistance to this suggestion, since investigating officers and prosecution lawyers need to work in close coordination,” he said.
“The real problem here is that CBI has been relying on government law officers and standing counsel to conduct the prosecutions whereas there is a need for retaining a regular team of lawyers which will progressively develop expertise in prosecuting corruption-related cases,” he added.
“Having a specialised team of lawyers will also ensure that they thoroughly scrutinise the investigators’ efforts in evidence-gathering, thereby improving the presentation of cases,” the CJI added.
