SC seeks Centre’s response on having consecutive sentences in corruption, terror cases
TNN | Updated: Mar 26, 2019, 05:26 IST
NEW DELHI: The Supreme Court on Monday sought responses of the Centre and the Law Commission on a PIL advocating the US model in which sentences are served consecutively by the guilty instead of the practice in India where offenders get away lightly by serving sentences concurrently even in cases of corruption, sedition and terrorism.
A bench of Chief Justice Ranjan Gogoi and Justice Deepak Gupta issued notices to the law and finance ministries as well as the Law Commission on the PIL filed by advocate Ashwini Upadhyay, who sought a declaration from the SC that sentences awarded for offences relating to corruption, separatism and terrorism must be served by the guilty consecutively and not concurrently.
For example, in a terrorism related crime, if a person found guilty is sentenced by a court to three years for offences under the Arms Act, five years for conspiracy and 10 years for injuries caused to people, he would serve only 10 years in India as all sentences are generally directed to run concurrently. However, if the sentences were to run consecutively, then the convict would have to serve 18 years in jail.
Upadhyay said the norm of consecutive sentences should operate to special laws like Unlawful Activities (Prevention) Act, Prevention of Corruption Act, Prevention of Benami Property Transactions Act, Prevention of Money Laundering Act, Foreign Contribution (Regulation) Act, Black Money (Undisclosed Income and Assets) and Imposition of Tax Act, and Fugitive Economic Offenders Act.
The advocate-petitioner, who claims to be a BJP leader, said corruption and black money impacted the poor most adversely. Attributing the suffering of Indians to widespread corruption and existence of black money, Upadhyay suggested demonetising all currency notes above Rs 100 denomination.
“Corruption can be curbed to a great extent by recalling currency notes above Rs 100, restricting cash transactions above Rs 10,000 and linking fixed and movable property documents with Aadhaar,” he said.
A bench of Chief Justice Ranjan Gogoi and Justice Deepak Gupta issued notices to the law and finance ministries as well as the Law Commission on the PIL filed by advocate Ashwini Upadhyay, who sought a declaration from the SC that sentences awarded for offences relating to corruption, separatism and terrorism must be served by the guilty consecutively and not concurrently.
For example, in a terrorism related crime, if a person found guilty is sentenced by a court to three years for offences under the Arms Act, five years for conspiracy and 10 years for injuries caused to people, he would serve only 10 years in India as all sentences are generally directed to run concurrently. However, if the sentences were to run consecutively, then the convict would have to serve 18 years in jail.
Upadhyay said the norm of consecutive sentences should operate to special laws like Unlawful Activities (Prevention) Act, Prevention of Corruption Act, Prevention of Benami Property Transactions Act, Prevention of Money Laundering Act, Foreign Contribution (Regulation) Act, Black Money (Undisclosed Income and Assets) and Imposition of Tax Act, and Fugitive Economic Offenders Act.
The advocate-petitioner, who claims to be a BJP leader, said corruption and black money impacted the poor most adversely. Attributing the suffering of Indians to widespread corruption and existence of black money, Upadhyay suggested demonetising all currency notes above Rs 100 denomination.
“Corruption can be curbed to a great extent by recalling currency notes above Rs 100, restricting cash transactions above Rs 10,000 and linking fixed and movable property documents with Aadhaar,” he said.
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