Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Corruption Public Servant |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Constitution of India, 1950 - Article 32 - Powers under - Exercise of -Scope - Accused, a public servant, allegedly acquired disproportionate assets - Trial under the Prevention of Corruption Act - Prayer for quashing of the trial on the ground of delay - Held: No time limit can be stipulated for disposal of criminal trial - The delay caused has to be weighed on the factual score, regard being had to the nature of the offence and the concept of social justice and the cry of the collective - In the case at hand, the gravity of the offence is not to be adjudged on the bedrock of the quantum of bribe - An attitude to abuse the official position to extend favour in lieu of benefit is a crime against the collective and an anathema to the basic tenet of democracy - Also, on facts, the delay occurred due to dilatory tactics adopted by the accused, laxity on the part of the prosecution and faults on the part of the system, i.e., to keep the court vacant-Accused precluded from advancing a plea that the delay in trial caused him colossal hardship and agony warranting quashment of the entire criminal proceedings - The accused, as alleged, had acquired assets worth Rs. 33.44 lacs - The value of the said amount at the time of launching of the prosecution has to be kept in mind - The balance to continue the proceeding against the accused tilts in favour of the prosecution - Jurisdiction under Article 32 of the Constitution accordingly not exercised to quash the proceedings - Prevention of Corruption Act, 1988 - s.13(2) r/w s.13(1)(e). |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 169 |
Petitioner | Niranjan Hemchandra Sashittal And Another |
Respondent | State Of Maharashtra |
SCR | [2013] 4 S.C.R. 767 |
Judgement Date | 2013-03-15 |
Case Number | 50 |
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