Mandatory attachment, confiscation essential to combat vice of corruption, says Madras High Court

The objective of the Prevention of Corruption Act, 1988, is not merely to punish persons found guilty of corrupt practices, but also to ensure that the fruits of such corrupt conduct do not remain available for enjoyment or disposal by those who acquired them through illegal means, the Madurai Bench of the Madras High Court has said.

Justice B. Pugalendhi said attachment of properties acquired through corrupt means, or through wealth disproportionate to known sources of income, was an important component of such a mechanism, and that corruption and corrupt practices had to be treated more seriously than any other offence.

Mandatory attachment and confiscation were essential to combat the vice of corruption, which had affected every part of society, the Court said.

The Court said it was of the view that necessary amendments had to be carried out in the Prevention of Corruption Act, and that the attachment of properties believed to have been obtained through corrupt means, and through wealth disproportionate to known sources of income, had to be made mandatory.

Only if such strong and deterrent measures were prescribed under the Act, the Court said, could the government effectively undertake the attachment of properties and instil fear in the minds of officials who enjoyed properties obtained through corrupt means.

Otherwise, these provisions would merely remain on paper, without any deterrent effect, the Court said, hoping that the government would take the initiative and introduce suitable amendments to the Prevention of Corruption Act.