Petition in SC seeks full confiscation of black money

Petition in SC seeks full confiscation of black money

A plea in Supreme Court seeking direction to confiscatecent percent of Black Money, Benami properties and disproportionate assets of accused person and stringent punishment should be awarded to them i.e. life imprisonment is filed.

The petition states that, Cause of action accrued on 24.1.2020, when corruption watchdog Transparency International put India at 80 in Corruption Perception Index. India ranked 66 in 1998, 72 in 1999, 69 in 2000, 71 in 2001, 71 in 2002, 83 in 2003, 90 in 2004, 88 in 2005, 70 in 2006, 72 in 2007, 85 in 2008, 84 in 2009, 87 in 2010, 95 in 2011, 94 in 2012, 87 in 2013, 85 in 2014, 76 in 2015, 79 in 2016, 81 in 2017, 78 in 2018.

The petition is filed by the BJP spokesperson and Advocate Ashwini Kumar Upadhyay.

The plea states, “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,”

 “Due to weak and ineffective anti-corruption laws, even one district is not free from land mafias, drug and liquor mafias, mining mafias, medicine-hospital mafias, transfer-posting mafias, betting mafias, tender mafias, hawala mafias, school and coaching mafias, illegal immigration mafias, conversion mafias, superstition-black magic mafias and white-collar political mafias, who divide our society and country on the basis of religion race caste sex and place of birth” It further states,

“The injury caused to people is extremely large because corruption is insidious plague, having wide range of corrosive effects on society. It undermines democracy and rule of law, leads to violations of human rights, distorts markets, erodes quality of life and allows organized crime like separatism, terrorism, naxalism, radicalism, gambling, smuggling, kidnapping, money laundering and extortion, and other threats to human security to flourish. It hurts the EWS-BPL families disproportionately by diverting the funds intended for development, undermines government’s ability to provide basic services, seeds inequality & injustice and discourages foreign aids and investment,” states the plea.

“Corruption is key element in economic underperformance and main obstacle in poverty alleviation. Right to life and liberty guaranteed under Article 21 cannot be secured and the golden goals of Preamble cannot be achieved without curbing corruption” says Advocate Ashwini Kumar Upadhyay.

The petitioner seeks direction,

a) 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, profiteering, grain hoarding, food adulteration, human and drug trafficking, black marketing, cheating, fraud, forgery, dishonest misappropriation of property, criminal breach of trust, falsification of accounts, benami transaction, corporate fraud and forensic fraud;

b) Alternatively, being the custodian of the Constitution and protector of fundamental rights, the Court may direct the Law Commission of India and/or Lokpal to examine and publish the best anti-corruption laws of the world, particularly the most effective provisions related to bribery, black money, Benami property, disproportionate assets, tax evasion, money laundering, profiteering, grain hoarding, food adulteration, human-drug trafficking, black marketing, cheating, forgery, criminal breach of trust, falsification of accounts, Benami transactions and fraud including corporate fraud and forensic fraud.

Sakshi Patil
“An Investment in Knowledge pays the best interest”. I Ms. Sakshi Patil currently pursuing Bachelors of Law (LLB) from Pune University ,and I believe that Knowledge is a commodity to share and it should be not remain the monopoly of selected few. Studying Law helps me understand how society is govern and how law acts as medicine to heal the society. Keeping positive and open minded approach in every aspect of life is the aim and I hope to learn with every opportunity and can help to those in need and create awareness among people about law and its importance. As quoted by Henry Ward Beecher, ”A Law is valuable not because it is a law ,but because there is right in it.”