What started things out – the egg or the chicken! The appropriate response is fairly elusive. It’s a greater amount of tension for researchers and not for any regular individual; even its answers are not to be troubled. What truly stresses ought to be somewhat in our “Constitution”. What started things out corruption or the populace? Can anyone discover what’s the genuine disposition behind it? It’s hard to infer on any of them, supposing that its corruption’; without populace corruption can’t endure. In the event that the populace started things out, at that point it is evident that corruption will have its root together in our everyday life.
Economist Ian Senior defined corruption: As an action to (a) secretly provide (b) a good or service to a third party (c) so that he or she can influence certain actions which (d) benefit the corrupt, a third party, or both (e) in which the corrupt agent has authority. At the point when we see our history; there is a fathomable impression of corruption despite the fact that the populace was bound to constrained numbers.
Do you truly trust in our Justice framework? In the event that someone asks me my answer will be misdirecting. It rather relies upon the circumstance what the issue is, yet it is seen that individuals trust that their turn will get Justice for entire life and what they get toward the finish of everything; pay expenses to the promoters, invest their valuable energy in going to the Courts; accepting that sometime their case will place in some Court and Justice will be conveyed to them.
At the point when we state that our Justice framework is gotten from the English and furthermore some part has been embraced from America, at that point for what reason is that have pushed forward, and we are as yet ailing in our removal, when we have acknowledged their way of life somewhat, their workplaces, and every one of those things which are generally not acknowledged in our everyday life, at that point why we overlook the workplaces of their Courts moreover. We should attempt to take help and overhaul ourselves; update our working techniques, with the goal that we can evade delays in any legal procedures.
In a recent case of DELHI HIGH COURT named Satya Pal Gupta vs Cbi, amended so as to require the accused in a corruption case, to give in writing, a list of the persons … Prevention of Corruption Act, for speedier disposal of corruption cases cannot be allowed to be defeated by opening aback.
LEGAL AND PRACTICAL MEASURES TO COMBAT CORRUPTION:-
1- LAWS AND PROVISIONS TO TACKLE CORRUPTION
A- The prevention of Corruption Act,1988
B-. Freezing, Seizure, and Confiscation of Properties – The Criminal Law (Amendment) Ordinance,1944 (Article 31 of UNCAC).
C-. Criminal Procedure Code 1973 together with Mutual Legal Assistance Treaties (MLAT) in
Criminal Matters and Extradition Treaties.
D-. The Prevention of Money Laundering Act 2002 (Article 23 of the UNCAC).
E-. The Foreign Exchange Management Act of 1999.
F-. The Right to Information Act of 2005.
G-. India and the United Nations Convention against Corruption 2003 (UNCAC).
2-. INVESTIGATING AGENCY AND ADJUDICATION
A- INVESTIGATING AGENCY
2- Ombudsman, known as ‘Lokayuktas’
3- Central Bureau of Investigation (CBI)
4- The Directorate of Enforcement, India
1-. Trial by Special Judges Only
2-. Special Powers of Special Judges
(i).Power to Grant Pardon to an Approver
(ii) Freezing of Ill-gotten Properties during trial
C-. MECHANISM FOR SECURING
INFORMATION OF CORRUPTION
1-. Complaints received from the Public
2-. Information developed through Sources
3-. Cases referred by the Central Vigilance Commission (CVC) and the Chief Vigilance Officers (CVOs) of other Government Departments
4-. Use of Telephonic/Electronic Surveillance
Author: Abhishek Tiwari