Delhi Court: Systematic Corruption is Human Rights Violation since it leads to Systematic Economic Crime

Mitali Palnitkar

Published On: February 15, 2022 at 16:54 IST

Delhi Court refused to grant Bail to a Senior Official of National Highways Authorities of India (NHAI) accused of Corruption. Akil Ahmad, the Bail Applicant is a Regional Officer of NHAI.

The Court referred to NHAI “Hum Sadak ka nirmaan hi nahi kartey, rashtra ka nirmaan kartey hai” and questioned as to what kind of development was being done when the senior officers were having millions of rupees in their lockers.

Ahmad was alleged to have the habit of demanding and accepting illegal gratification from NHAI contractors for clearing their pending bills and issuing them Provisional Commercial Operations date for completed projects.

It was alleged that unaccounted cash of Rs 4 lakhs and Rs 50 lakhs, approximately 4 kg of gold bars and jewellery amounting to around Rs 2.20 crores was recovered from him. He has been in Police Custody for 43 days and then filed a Bail Application.

A Special Judge of the Court refused the Bail Application stating that there is “far reaching social-impact of the Offence involved in the matter and larger public interest; I am not inclined to admit the Applicant on Bail at this stage.”

The Court noted that Corruption leads to erosion of trust in the Government and undermines social contract. Also, it leads to inequalities and discontent causing violent extremism, fragility, and conflicts. It also has a negative effect on growth and jobs.

It further added that Corruption is a punishable Offence which also undermines human rights and systematic corruption is a human rights violation since it leads to systematic economic crime.

The Applicant cited ‘Long detention’ as a reason for Bail but the Court noted that long detention by itself cannot be the ground for Bail. Therefore, it rejected the Bail Application. It also relied on Prasanta Kumar Dutta v The State of Assam to further elucidate on the matter.

Also read: Anti Corruption laws in India

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