In a resolute declaration, the Supreme Court of India has stated that corruption among high-ranking officials and leaders is a more significant threat to society than hired assassins. This sharp criticism came as the court denied anticipatory bail to Devinder Kumar Bansal, a Punjab government audit inspector accused of bribery.
Justices JB Pardiwala and R Mahadevan, who presided over the bench, emphasized the perilous impact of corruption, especially within the upper levels of government and political parties. “If society in a developing country faces a menace greater than even the one from hired assassins to its law and order, then that is from the corrupt elements at the higher echelons of the government and of the political parties,” the bench noted.
This observation was part of a broader condemnation of the deep-rooted corruption that, according to the justices, has significantly hindered societal progress towards prosperity. “If one is asked to name one sole factor that effectively arrested the progress of our society to prosperity, undeniably it is corruption,” the bench stated.
The case in point involved Bansal, who allegedly demanded bribes in exchange for auditing development projects executed by a village panchayat. His request for anticipatory bail was firmly rejected by both the Supreme Court and previously by the Punjab and Haryana High Court.
In their ruling, the Supreme Court set strict guidelines for granting anticipatory bail in cases of corruption, allowing it only under exceptional circumstances. These include situations where the court believes the allegations might be politically motivated, frivolous, or where the accused might have been falsely implicated.
The bench further highlighted the importance of maintaining public trust in governance, asserting that individual liberty could be curtailed if it helps achieve a corruption-free society. “Over solicitous homage to the accused’s liberty can, sometimes, defeat the cause of public justice,” they added.
Further explaining the breadth of punishable actions under the Prevention of Corruption Act, the court clarified that actual exchange of a bribe is not necessary for prosecution. Those who use intermediaries or accept valuables in anticipation of official dealings also fall within the ambit of the act.
The denial of Bansal’s bail underscores the judiciary’s stringent stance on corruption, reflecting its determination to uphold integrity within public services. The court also invoked the words of British statesman Edmund Burke, highlighting the incompatibility of corruption with liberty: “Among a people generally corrupt, liberty cannot last long.”
