Prevention of Corruption Act
Summary of Landmark Constitution Bench Judgments of 2024 [Part I of III]
by Siddharth R. Gupta* and Aman Agarwal**
‘Misuse of power by Vigilance Bureau’; Punjab and Haryana HC quashes corruption case against Former Food Minister of Punjab, Bharat Bhushan Sharma
“Launching of prosecution by the complainant is nothing, but an example of giving a cloak of criminal offence to the contractual matter of procurement and transportation of foodgrains”.
Kerala High Court holds Charitable Society Members running Nazareth Pharmacy College to be ‘public servants’ under Prevention of Corruption Act, 1988
“If the ‘State function’ or ‘public function’ is discharged under a legal obligation or by a governmental or statutory direction, such ‘State function’ is treated as ‘public duty’.”
Presumption under Section 20 PCA does not require bribe amount to be ‘substantial’; Operates only when there is no nexus between demand and action: SC
“But, when the fact of receipt of payment or an agreement to receive the gratification stands proved, there is a clear case of nexus or corroboration and the presumption itself is irrelevant. Section 20 gets attracted when it is proved that the public servant has accepted or agreed to accept any gratification other than legal remuneration and, in that case, presumption is that it is the motive or reward for any of the acts covered under Section 7, 11 or 13(1)(b) of the Act.”
2024 SCC Vol. 9 Part 1
Civil Procedure Code, 1908 — Or. 7 R. 11(d) — Suit or application whether barred by limitation — When no limitation provided for — Power
“Proceeds of Crime” under PMLA: Whether includes Properties acquired before commission of the Scheduled Offence
by Ajay Wadhwa* and Ragini Handa**
Supreme Court issues notice to CBI on Arvind Kejriwal’s bail plea
Delhi Chief Minister Arvind Kejriwal was denied interim bail in CBI matter. The CBI arrested him on 26-06-2024, while he was in judicial custody in ED’s matter.
Cases Reported in HCC
(2023) 1 HCC (All) GST — Search and Seizure — Determination of Tax — Challenge against the order wherein tax of Rs
Supreme Court refuses to quash CBI disproportionate assets case against Karnataka Deputy CM DK Shivakumar
Income Tax Authorities conducted a raid at DK Shivakumar’s house and allegedly recovered Rs.8,59,69,100/- and CBI registered an FIR for offence punishable under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988.
Delhi High Court quashes FIR against Delhi Prisons employee following News Nation’s ‘Kala Pani’ Broadcast allegations
“The case of the prosecution is that News Nation, a TV news channel operation titled ‘Kala Pani’ allegedly showing some of the employees of Delhi Prisons interacting with reporters. Some of the employees allegedly accepting bribe money for extending favours inmates contrary to the Delhi Prisons Rules.”
‘Merely writing one line on ‘non-practicality of holding inquiry’ not enough’; P&H HC sets aside SSP’s order dismissing probationer SI accused of taking illegal gratification
The Court directed that the SSP should be free either to conduct departmental inquiry after following due procedure prescribed by Punjab Police Rules, 1934 or take appropriate decision after conclusion of criminal proceedings.
‘Arrest in consonance with Section 19(1) of PMLA’; Punjab and Haryana High Court dismisses AAP MLA Jaswant Singh’s petition challenging his arrest by ED
“In the present case, the Special Court has taken into account the nature of the case against the petitioner and factum of his non-cooperation and other relevant factors while remanding the petitioner into police custody.”
[Aaj Tak Sting Operation] Certificate under Section 65B can be filed subsequently to ensure fair trial: Delhi HC remands matter back to Trial Court
“In criminal trials certificate in terms of Section 65-B of the Act is to filed before commencement of the trial. However, the Trial Court, in its discretion, after examining any application by the prosecution under Sections 91 or 311 CrPC or Section 165 of the Evidence, may permit production of such certificate at any stage of the trial if no irreversible prejudice is caused to the accused”
Read why Allahabad High Court denied bail to MLA Abbas Ansari
“If such influence whether for monetary reason or under threat or coercion, if can be exercised over police and prison authorities so effectively who are basically enforcers of law then it can be well imagined how Abbas Ansari can effectively garner power to influence any witness or to persuade him to change his stand and this aspect if seen in light of the fact that the evidence is yet to commence”
Bombay HC dismisses challenge to Maharashtra Administrative Tribunal’s 2013 order confirming suspension of a Sales Tax clerk on ground of unjustified delay
The Court was of the view there was no justification in approaching the Court to challenge the order of 2013 after a period of 5 years.
‘HC ignored evidence indicating complicity’; SC sets aside order quashing FIR against Police Official accused of taking bribes
An FIR was registered against the ASI and the Police Inspector, alleging the demands for bribe and providing a chargesheet in lieu of Rs.80,000/-.
‘Seeking bail on ground that no loss caused to Government is meaningless’: Punjab & Haryana HC refuses to grant anticipatory bail to estate officer accused under PC Act
“Another reason which points towards the petitioner’s misconduct is that he was aware of the pendency of the writ petitions and other civil proceedings and quietly ignored all such while issuance of provisional allotment.”