New Delhi:
Corruptionby means of a publicservant is a insult against the State and society and courts cannot handle such cases as “suits for specific performance,” the Supreme Court said Thursday.
A bench of judges SA Nazeer and V Ramasubramanian made the comment while overturning a Madras Supreme Court order quashing a criminal complaint in a cash-for-job scon the basis of a settlement between the parties.
“It is needless to point out that corruptionby means of a publicservantis a insultagainst the State and society as a whole. The Court cannot deal with cases involving abuse of official position and the adoption of corrupt practices, such as lawsuits for specific services, where the refund of the money paid can also satisfy the holder of the contract.
“Therefore, we believe that the Supreme Court was completely wrong in quashing the charges,” the bank said.
The complainant in the case had filed an affidavit to the Supreme Court supporting the accused and pleading for the case to be quashed on the grounds that what the victims had with the accused was only a money dispute and the same was settled out of court.
He claimed that due to political rivalry between the two groups, his complaint was turned into a more serious… isto sue. The victims, who originally claimed to have paid money to get work, also filed individual affidavits in support of the accused.
When the request for annulment at the hearing came to the hearing, counsel appeared before the state government has stated that the incident took place in the year 2014 and that in the same year a compromise was reached between the suspect and the victims.
The Supreme Court took note of the submissions and quashed the charges.
The Supreme Court said courts should be slow to exercise their jurisdiction to quash criminal proceedings based on a settlement reached between the parties when the insults can have an impact not only on the complainant and the accused, but also on others. The Supreme Court said it would not shy away from candidates who are selected and appointed to posts in government/public businesses by means of adopt corrupt practices are ultimately called upon to public maintenance.
“It is needless to say the quality of public service rendered by means of such persons will be inversely proportional to the corrupt practices adopted by means of them. “Therefore, the publicwho are recipients of these services are also victims, albeit indirectly, because sooner or later the consequences of such appointments are reflected in the work performed by means of the appointees. So to say that the appellants have no standing to bring proceedings is deny the existence of what? is clear,” the bank said as they reinstated the charges.
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