This is sure to send shock waves to many people in power, who are on the wrong side of the number line. This is a pragmatic decision by the Supreme Court of India, in a graft case that a bribe of even Rs 50 must not be tolerated and dealt severely. This is the only way to curb corruption feels the apex court, as corruption ruins the nation, length and breadth.
The judgment by a bench of justices BS Chauhan and Dipak Misra will be a landmark in the history of the nation. Responding to the appeal by two Gujarat civic body officials Narendra Champaklal Trivedi and Harjibhai Devjibhai Chauhan, the judgment was issued. "The amount may be small but to curb and repress this kind of proclivity the legislature has prescribed the minimum sentence. It should be borne in mind that the corruption at any level does not deserve either sympathy or leniency."
"In fact, reduction of the sentence would be adding a premium. The law does not so countenance and, rightly so, because corruption corrodes the spine of a nation and in the ultimate eventuality makes the economy sterile," said Justice Misra, who wrote the judgment.
The erring duo was convicted for demanding and accepting Rs 50 as bribe from complainant Gajendra Jagatsinh Jadeja, some 18 years ago. The duo in their appeal stated that they had lost their jobs and faced humiliation. Hence they requested the apex court to exercise its special powers under Article 142 to reduce the sentence. The amount had been demanded by the duo at City Survey Office, Bhavanagar in Gujarat on 15th March 1994 for issuing certain property records.
This was after the Gujarat High Court had sentenced the duo; they challenged the same in the apex court. The apex court summarily rejected their pleas and sentenced them to six months jail.
As per the law for reader enrichment SC-CORRUPTION 2LST ZCZC PRI GEN LGL NAT .NEWDEL DEL64 SC-CORRUPTION 2LST
Interpreting the Prevention of Corruption Act, the apex court said under Section 7(1) of the Act, when an offence is proved, the public servant "shall be punished with imprisonment which shall not be less than six months but which may extend to five years and shall also be liable to fine."
"Where the minimum sentence is provided, we think it would not be at all appropriate to exercise jurisdiction under Article 142 of the Constitution of India to reduce the sentence on the ground of the so-called mitigating factors as that would tantamount to supplanting statutory mandate and further it would amount to ignoring the substantive statutory provision that prescribes minimum sentence for a criminal act relating to demand and acceptance of bribe.
