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SC for conclusive proof in graft case: SC makes proof of demand necessary to give a verdict on corruption cases
Context
- Mere possession or recovery of currency notes from a public official is not enough to substantiate that someone has taken a bribe, SC said.
- There has to be conclusive proof that he/she did make a demand for illegal gratification in order to find him guilty of corruption, the Supreme Court has held.
The verdict
- The judgment concerns Mukhtiar Singh, a police officer in Punjab, imprisoned for taking a bribe of Rs. 2000 in 2009.
- The prosecution blamed Mukhatir of taking money as illegal gratification to allegedly exonerate an accused, Sarabjit Singh, another police officer, in a dowry harassment case.
- The prosecution argued that Mukhtiar Singh, even threatened Sarabjit and the latter lodged complaint against the SHO with the Vigilance department.
- A trap was set and Mukhtiar Singh was allegedly caught having taken the money.
- The trial court sentenced him to a year’s imprisonment in the graft case. While the plea was pending in the Punjab and Haryana High Court, Mukhtiar Singh died.
- His legal heirs continued the fight for him, but eventually failed in the High Court, which confirmed the sentence.
- In the plea, the Supreme Court held that a mere stray question like that did not confirm the accusation that Mukhtiar Singh had demanded a bribe.
