AHMEDABAD: The Gujarat HC has mentioned corruption is undeniably the sole factor that has arrested the development of society, and that corrupt officials and politicians are a better menace to society than hired assassins. The movements of corrupt politicians and bureaucrats have spurred economic unrest within the nation, the court has mentioned.
In an order launched on Thursday, Justice JB Pardiwala denied pre-arrest bail to the superintendent of the Ahmedabad Municipal Corporation-run LG Hospital, Dr R C Shah who has been suspended on charges of bribery.
In an order, launched on Thursday, denying pre-arrest bail to the superintendent of the Ahmedabad Municipal Corporation-run LG Hospital, Dr R C Shah, who has been suspended on charges of bribery, Justice JB Pardiwala observed: "If a developing country faces a menace greater than even the one from hired assassins, it is from the corrupt elements at the higher echelons of the government and political parties."
If even a fraction of what folks say in regards to the magnitude of corruption is right, then it will no longer be far removed from truth to mention that "rampant corruption is indulged with impunity by highly placed persons", Justice Pardiwala mentioned.
Justice Pardiwala exhorted the judiciary to become strict in granting pre-arrest bail to officials who face graft charges. "The grant of anticipatory bail in corruption matters involving public servants should be in the rarest of rare cases," he mentioned. "If liberty is to be denied to an accused to ensure corruption-free society, then the courts should not hesitate to deny such liberty."
Justice Pardiwala further mentioned: "Why should a corrupt public servant, who is not only a menace to society but also a potential threat to the progress of the country, be shown any indulgence by the court of law by granting him protection in the form of anticipatory bail?"
Justice Pardiwala made it transparent that courts must ensure that the rights of the accused are secure, but this must no longer defeat the reason for public justice. "Over a period of time, a feeling seems to exist in some quarters that the object of criminal law is to protect the rights of the accused and that the criminal justice system is envisioned as a sentinel of the rights of the accused," Justice Pardiwala mentioned. "It is not so. The law is the sentinel of rights of society and of the individual."
In an order launched on Thursday, Justice JB Pardiwala denied pre-arrest bail to the superintendent of the Ahmedabad Municipal Corporation-run LG Hospital, Dr R C Shah who has been suspended on charges of bribery.
In an order, launched on Thursday, denying pre-arrest bail to the superintendent of the Ahmedabad Municipal Corporation-run LG Hospital, Dr R C Shah, who has been suspended on charges of bribery, Justice JB Pardiwala observed: "If a developing country faces a menace greater than even the one from hired assassins, it is from the corrupt elements at the higher echelons of the government and political parties."
If even a fraction of what folks say in regards to the magnitude of corruption is right, then it will no longer be far removed from truth to mention that "rampant corruption is indulged with impunity by highly placed persons", Justice Pardiwala mentioned.
Justice Pardiwala exhorted the judiciary to become strict in granting pre-arrest bail to officials who face graft charges. "The grant of anticipatory bail in corruption matters involving public servants should be in the rarest of rare cases," he mentioned. "If liberty is to be denied to an accused to ensure corruption-free society, then the courts should not hesitate to deny such liberty."
Justice Pardiwala further mentioned: "Why should a corrupt public servant, who is not only a menace to society but also a potential threat to the progress of the country, be shown any indulgence by the court of law by granting him protection in the form of anticipatory bail?"
Justice Pardiwala made it transparent that courts must ensure that the rights of the accused are secure, but this must no longer defeat the reason for public justice. "Over a period of time, a feeling seems to exist in some quarters that the object of criminal law is to protect the rights of the accused and that the criminal justice system is envisioned as a sentinel of the rights of the accused," Justice Pardiwala mentioned. "It is not so. The law is the sentinel of rights of society and of the individual."
Corrupt netas worse than hired assassins: Guj HC
Reviewed by Kailash
on
June 16, 2018
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