HC asks Centre,UP to consider changes in Corruption Act

“Registry shall send a copy of the present judgment to the Secretary (Law),Government of India as well as to the Principal Secretary (Law) and Chief Secretary of UP to consider for appropriate amendment in the Prevention of Corruption Act in the light of the observations made in the body of judgment,” the Bench said.

The court directed that till the law is appropriately amended by the state or the Centre,findings recorded and directions issued should be followed by all investigating agencies and subordinate courts of the state while dealing with corruption cases.

The Bench stated that it will not be necessary for the CBI or state agencies to obtain sanction under the statutory provisions with regard to the foodgrain controversy. “From the initial stage,prima facie,intentionally,deliberately and in a planned manner,foodgrain was lifted from godown for sale either in the open market or to smuggle outside UP or other countries,” it observed.

The court directed the UP chief secretary to ensure that a decision on the application moved by the CBI,state agencies or other investigating agencies for sanction under various laws not only in foodgrain scam but all other cases,is taken within three months.

“In the absence of any decision with due communication it shall be deemed that the sanction has been accorded,chargesheet shall be filed and the trial court shall proceed with trial to a logical end in accordance with the law,” the court added.

The CBI was directed to proceed with the probe not only in cases of the scam pertaining to Ballia,Lakhimpur and Sitapur districts,but also to Varanasi,Gonda and Lucknow districts. The court observed that state agencies shall immediately refer all cases where foodgrain smuggling was done outside UP or to other countries to the CBI for further investigations.