On 2nd Nov’2020, The Madurai Bench of Madras High Court in the case of A.P. Suryaprakasam v. The State of Tamil Nadu & Ors. recommended the Central Government to consider Death Penalty for Convicts in Corruption Cases.

The Advocate General has referred to about the prevailing Act, namely, the Prevention of Corruption Act and its procedures, the menace of corruption has not come down. Prevention of Corruption Act is a Central Act, enacted by the Central Government as early as in the year 1947, followed by several amendments, with the latest amendment in the year 2018, giving elaborate procedures to be followed along with punishment and penalties.

People are compelled to accept corruption as a normal one. Corruption has become deep-rooted and has spread like Cancer. Every day, it is reported in the media that many officials are caught red-handed while taking bribes. Hence, the punishment needs to be enhanced. Therefore, this Court is of the view that there should be a re-visit and the Act should be strengthened and stringent penalties should be imposed to curb the menace of corruption. The Central Government may consider imposing punishment, such as, “hanging” or “death penalty”, for corrupt practices or for demanding and accepting bribes, like in China, North Korea, Indonesia, Thailand, and Morocco. Hence, this Court suo-motu impleads.

One of the recommendations which have been accepted by the Government is the delegation of powers and fixing of accountability on every Government Servant, at every stage and every level. All the Secretaries to Government and Heads of Department were directed to issue necessary orders fixing the accountability while issuing orders on delegation. This Court would like to know the further action taken by the Government in this regard. Therefore, this Court suo-motu impleads.

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Rishab Bhandari