Life Imprisonment not apt in corruption case: SC dismissed plea

The Supreme Court observed that a contract is void if prohibited by a statute under a penalty, even without express declaration that the contract is void

The three-judge bench of the Supreme Court of India comprising Justice S.K. Kaul, Justice Dinesh Maheshwari and Justice Hrishikesh Roy on Friday dismissed the plea of life term for corruption cases. It has granted liberty to petitioner Advocate Ashwini Kumar Upadhyay to withdraw the petition and approach the law commission.

The petitioner in the case was direction to Centre to ascertain the feasibility of confiscating cent percent black money, benami properties and disproportionate assets and awarding life-long imprisonment for offences relating to bribery, black money, benami property etc. also to direct Law Commission of India to provide best laws for Anti-Corruption in the world where the most effective provision to be related to bribery, black money, benami property, etc.

Cause of action for the case arose on January 24th, 2020 when corruption watchdog Transparency International put India at 80 in the Corruption Perception Index, and that was due to weak anti-corruption laws. India has never made it to the top 50 countries in that index and the Centre has still not strengthened the laws which offend rule of law and citizens’ right to live life with liberty and dignity under Article 14 and 21 of the Constitution of India.

In the matter, Justice Kaul said that- “Court cannot issue a mandamus to Parliament. Instead of persuading the authority, the tendency is now to come to courts to direct the parliament with regard to a law. It is impossible to pass an order in this kind of petition where there is no suggestion.”

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