What is crucial, therefore, is whether the anti-corruption agency enjoys an adequate level of structural and operational autonomy, secured through institutional and other legal mechanisms aimed at preventing undue influence.
Corruption
Church of North India (CNI) : Calcutta Bishop Paritosh Canning has been accused of massive financial corruption by members of CNI’s Calcutta and Barrackpore diocese. An organization called All Bengal Christian People’s Forum also held a press conference in this connection a few days ago. Professor Deepak Nath claims that Paritosh Canning’s class 12 and graduation degree certificates are fake. […]
Prevention of Corruption Act, 1988-In the absence of evidence of the complainant (direct/primary, oral/documentary evidence), it is permissible to draw an inferential deduction of culpability/guilt of a public servant under Section 7 and Section 13(1)(d) read with Section 13(2) of the Act based on other evidence adduced by the prosecution.
The judiciary is the third branch of government; the third arm of the state. There simply can be no state or government without the judiciary in a genuine constitutional democracy. To breathe life into the African dream that is inspired by the desire to break free from centuries of economic oppression, and to recapture the lost glory of Africa, the judiciary in Africa must be more alive to the enormous responsibilities it bears on its shoulders to contribute to the renaissance of Africa.
The expression `colour of duty’ must now be examined in the facts of this case. In Venugopal’s case, Supreme Court held as under: It is easy to see that if the act complained of is wholly justified by law, it would not amount to an offence at all in view of the provisions of Section 79 of the Indian Penal […]
Concerned about the seriousness of problems and threats posed by
corruption to the stability and security of societies,
undermining the institutions and values of democracy, ethical
values and justice and jeopardizing sustainable development and
the rule of law,
PML-N President Shehbaz Sharif by a Twitt said “The LHC Administrative Committee’s decision of sacking Accountability Court Judge Arshad Malik establishes that Nawaz Sharif was unjustly sentenced. His innocence stands proven today. As a natural corollary, Mian sb’s sentence ought to be declared null & void”.
It will be seen that the English law on the subject has the same object as the relevant provisions of Section 123 of our Act. But, the provisions of Section 123 (2), (3) and (3A) seem wider in scope and also contain specific mention of what may be construed as “undue influence” viewed in the background of our political history and the special conditions which have prevailed in this country[AIR 1975 SC 1788 ]
We must emphasize the danger of believing at its face value oral evidence in an election case without the backing of sure circumstances or indubitable documents.
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