Raising a significant alarm, the Lokayukta report for 2023-2024 indicated that absence of effective deterrents in terms of punishment and proper oversight are contributing to the widespread nature of corruption.
It said that only a strong legal structure should help identify illegal wealth. The 24th Consolidated Report, highlighted a national daily, examined 286 cases, underscoring the need for more accountability.
“The suitable legal framework or the measures have to be provided to trace illegally amassed wealth and confiscate the same once the case for disproportionate assets is made on the same lines as the provision is in the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act 1970 (SAFEMA). The constitutional validity of such provisions has been upheld in this Statute and the burden could be on the public servant to explain as it could be within his personal knowledge to show and explain that the wealth amassed beyond his known source of income is not illegal and the same could be considered with reference to the benami property held in the name of close relatives like wife, son, daughter etc,” the report, which was submitted to the Legislative Assembly and examined the performance of the Gujarat Lokayukta’s office between April 1, 2023, and March 31, 2024, reads.
The Lokayukta also insisted that India’s legal framework, including the Prevention of Corruption Act and laws of other institutions like the Lokayukta or the Central Vigilance Commission, still need more discretion and powers.
“The provisions which are not stringent create the impression that the person may get away with his corrupt activities or misconduct and even if the steps are taken including the criminal cases, the punishments are ineffective to provide any deterrence to those indulging in corrupt practices.
“The provision of Section 20(1) of Prevention of Corruption Act referring to the burden of proof and presumption oblige to draw a legal presumption with reference to the Evidence Act, 1872 could be suitably modified to provide for a consequential presumption also for disproportionate assets when the accused or person found guilty has failed to explain about the source and the burden should be on such person guilty of corruption including qua the family members.
“There may be a provision that it is not only the person involved, but his close relatives having the assets should be considered unless it has been explained that they have an independent source of income,” a section of the report, published by a media house, reads.
As of April 1, 2024, as many as 18 miscellaneous petitions, nine inquiry cases, and two investigation cases pending. Additionally, during 2023–2024, 243 miscellaneous petitions, 13 inquiry cases, and one investigation case were received.
The data further highlights that as of March 31, 2024, 286 cases in total—10 inquiry cases and 248 miscellaneous applications—had been resolved. As a result, as of March 31, 2024, there were 28 cases that need to be resolved: three investigation cases, 12 inquiry cases, and 13 miscellaneous applications.
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