J-K HC directs J-K govt to make graft law more stringent

Observing that the evil of corruption has taken the shape of a "hydra-headed monster", the Jammu and Kashmir High Court has directed the state government to make the Prevention of Corruption Act "more stringent" and rejected the recommendations made by an official panel.
The court said the suggestions of the high-level official panel for an amendment to the Act appear to be an "eyewash" and asked the state government to reconsider the whole issue in the light of recommendations made by it.
"We hope and trust that the state government will take lead and guide rest of the country by making PC Act more stringent, more effective and more deterrent," it said.

"To us, the recommendations made by the Committee to the government for making amendments in the PC Act appear to be an eyewash. The government shall have to re-consider the whole issue in the light of suggestions made by the court in its order on July 4, 2012," a division bench of Justices Virender Singh and Muzaffar Hussain Attar said.
Hearing a PIL filed by Mohammad Amin Beigh, the court said, "Corruption, which is threatening the very existence of human lives, if not fought in accordance with law, with vibrating zeal and pulsating enthusiasm and an utmost devotion and dedication, may, in the near future, result in a catastrophic situation."

While making the offences pertaining to corruption cases as non-bailable, the state Chief Secretary-led panel had proposed awarding jail term from existing six months to one year as minimum and three-year to five-years as maximum for first time offenders and two years (minimum) to seven years (maximum) for habitual offenders.

On July 4, the court had asked government to consider at least seven suggestions which included awarding maximum of 20 years and minimum of six years in jail under section 5 (2) of the Act and making bail provisions stringent and parallel to Narcotic Drugs and Psychotropic Substance Act.
"This court, on July 4, observed that while making recommendations for amending anti-corruption laws, the government/authorities will keep in mind the suggestions," the bench said, adding, "the status report filed thereafter by state would show that the suggestions have not been given effective consideration."

"The teeth, which are to be given to the laws for fighting this hydra-headed monster of corruption, have to be made so strong that while grappling with this evil force same do not break. It is the duty of State to provide effective, and deterrent legal mechanism to deal with the menace of corruption," it said.