Saurabh Malik
Chandigarh, February 10
In a significant judgment liable to change the way corruption cases are probed, the Punjab and Haryana High Court has made it clear that the government is primarily required to set its own house in order by looking for the errant officials within, rather than turning to external sources for inside information on corrupt practices.
Justice Anoop Chitkara also made it clear that the government could not seek the custodial interrogation of a person remotely connected with a state agency for compelling him to reveal the names of corrupt officials, and instead should curb the menace itself by deploying hundreds of means at its disposal.
Govt should tackle corrupt employees
If employees of the passport department in Jalandhar are corrupt and have deployed their touts in the area, who in turn take money for them, it is for the government concerned to tackle its employees and ensure that the corruption is curbed. — Justice Anoop Chitkara
Justice Chitkara also directed the Commissioner of Police, Jalandhar, to furnish a copy of the complaint/FIR and the high court order to the regional passport officer there for looking into the corrupt practices alleged by the complainant.
The direction came as he observed that despite the FIR’s registration, action was apparently not taken by the department concerned to tackle the menace of corruption, which according to the complainant was rampant in Jalandhar passport office. Probably, they were not even aware of the FIR.
“If employees of the passport department in Jalandhar are corrupt and have deployed their touts in the area, who in turn take money for them, it is for the government concerned to tackle its employees and ensure that the corruption is curbed. But for this reason the petitioner cannot be subjected to custodial interrogation and he cannot be forced to reveal the names of such government employees. There are hundreds of means available with the government to find out such corrupt employees,” Justice Chitkara asserted.
He was hearing arguments on an anticipatory bail plea filed by a ‘car dealer’ in a case registered in November last year by the Vigilance Bureau, Jalandhar Range, under the provisions of the Prevention of Corruption Act.
Allowing the plea, Justice Chitkara observed that the FIR explicitly mentioned that the complainant went to Jalandhar after he did not receive his passport. There he met the petitioner, who enquired the purpose of his visit. There was no doubt that the petitioner contacting the complainant, prima facie, established that he was a tout of the government employees posted in the passport department. He allegedly demanded Rs 1.50 lakh as bribe, stating that he would keep only Rs 20,000 and the the remaining would be handed over to somebody in the passport office. The complainant unable to make arrangements lodged the complaint.
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