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India's top judge all for
confiscating assets of the corrupt
WSN Network
New Delhi: Sick of
massive corruption in government in delivery of public services,
India's top judge K G Balakrishnan has now favoured statutory
provision for seizure of illegal properties and assets of government
officials convicted in corruption cases. He also wanted specialised
teams of lawyers to ensure that they will progressively develop
expertise in prosecuting corruption-related cases.
"If a public
official amasses wealth at the cost of public, then the state is
justified in seizing such assets," Balakrishnan said at 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)", the Chief
Justice said.
The CJI said
procedural delays like granting sanction and difficulty in
marshalling large number of witnesses were the major hurdles in
achieving meaningful convictions when the anti-corruption agencies
was already finding it difficult to grapple with 9,000 pending cases
due to shortage 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 6-7
years," he said.
Balakrishnan
expressed concern that CBI relies on large number of witnesses in
the corruption cases instead of coming out with solid witnesses
which unnecessary prolongs the trial of the case for 3 to 4 years.
"Instead of having 8 to 10 witnesses, emphasis should be on having
one solid witness to prove the case," he said.
16
September 2009
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