The Supreme Court on Friday said it cannot direct the Parliament to pass a law to award life term imprisonment in graft cases, as for every bribe taker, there was always a bribe giver.
New Delhi: A bench headed by Justice Sanjay Kishan Kaul said: "Personally, I feel, we in society should change our thinking. For every person taking money, there is a person distributing money."
The sharp observation came from the bench, which also comprised Justices Dinesh Maheshwari and Hrishikesh Roy, as it declined to entertain a PIL by advocate Ashwini Upadhyay seeking directions to confiscate 'Benami' properties and disproportionate assets in cases of corruption and also award life term to offenders.
The top court observed that the petitioner cannot expect the judiciary to rake over all roles and asked him to withdraw the PIL and move the Law Commission.
The petitioner was represented by senior advocate Gopal Sankaranarayanan, who submitted before the bench that there were pending sentences under Acts such as Prevention of Money Laundering Act, which were yet to be executed. The bench replied the court cannot make laws, as it was the Parliament's job, and a mandamus cannot be issued to the Parliament.
As Sankaranarayanan insisted that the court could step in when there exists a vacuum, the bench noted that it is like coming to the court and telling it to clean up the country.
"Are these meaningful prayers? Eradicate poverty, clean up the country..?"
Finally, the top court allowed the petitioner's counsel to withdraw the plea.
"Due to weak and ineffective anti-corruption laws, India has never been ranked even among top 50 in Corruption Perception Index but Centre has not strengthened them to weed-out the menace of corruption, which brazenly offends rule of law as well as right to life liberty dignity guaranteed under Articles 14 and 21," said the plea.
The plea urged the top court to issue appropriate direction to the Centre to ascertain the feasibility of confiscating cent percent black money, benami properties and disproportionate assets and awarding life imprisonment in offences relating to bribery, black money, benami property, disproportionate assets, tax evasion, money laundering etc.
The sharp observation came from the bench, which also comprised Justices Dinesh Maheshwari and Hrishikesh Roy, as it declined to entertain a PIL by advocate Ashwini Upadhyay seeking directions to confiscate 'Benami' properties and disproportionate assets in cases of corruption and also award life term to offenders.
The top court observed that the petitioner cannot expect the judiciary to rake over all roles and asked him to withdraw the PIL and move the Law Commission.
The petitioner was represented by senior advocate Gopal Sankaranarayanan, who submitted before the bench that there were pending sentences under Acts such as Prevention of Money Laundering Act, which were yet to be executed. The bench replied the court cannot make laws, as it was the Parliament's job, and a mandamus cannot be issued to the Parliament.
As Sankaranarayanan insisted that the court could step in when there exists a vacuum, the bench noted that it is like coming to the court and telling it to clean up the country.
"Are these meaningful prayers? Eradicate poverty, clean up the country..?"
Finally, the top court allowed the petitioner's counsel to withdraw the plea.
"Due to weak and ineffective anti-corruption laws, India has never been ranked even among top 50 in Corruption Perception Index but Centre has not strengthened them to weed-out the menace of corruption, which brazenly offends rule of law as well as right to life liberty dignity guaranteed under Articles 14 and 21," said the plea.
The plea urged the top court to issue appropriate direction to the Centre to ascertain the feasibility of confiscating cent percent black money, benami properties and disproportionate assets and awarding life imprisonment in offences relating to bribery, black money, benami property, disproportionate assets, tax evasion, money laundering etc.
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