Sunday, June 24, 2007

इस इत एकुअलिटी बेफोरे लव?सेक्शन १९ ऑफ़ पका ऎंड अर्तिक्ले१४

Under the Prevention of corruption act,A bribe giver being a non public servant would be prosecuted,while the person recieving the bribe,being a public servant,could not be prosecuted for want of sanction.This is a clear violation of article 14 of the constitution,equality before law. as it creates a classification which has no reasonable nexus with the object of the act.
In the recent instance ,the Governor of U.P,did not accord sanction to prosecute the incumbent Chief Minister of UP ,Mayavati,for acts of corruption,Now the U.P Governors action has come under the scruitny of the supreme court ,which had issued notices,to the central and the State Govts.The case pertains to corruption charges against Mayavati,about construction shopping mall adjacent to Taj mahal,when she was in power last time.
Section 19,of the prevention of corruptionact requires the grant of sanction by the competent authority to prosecute a public servant.Now its questionable why,this condition was enacted.Was it to prevent the corrupt elements being prosecuted.And the U.P Governors role in the present context appears as political considerations than any thing else.Isnt it time section 19 ,which is used to harbour the culprits is totaly removed from Prevention of corruption act.And expose the culprits.

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