Comments on The Prevention of Corruption of Act, 1988 - All you need to know

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Sandeep

Sandeep

Wrote on 16 May 2018  

After Domestic Violence Act, Prevention of Corruption Act is most misused act. I myself is a victim of misuse of "Prevention of Corruption Act". I attended one of most reputed institutes of India (IIT Roorkee) and preferred to serve India rather than going abroad, without knowing that one day I had to suffer because of misuse of "Prevention of Corruption Act" in my own country. My photos appeared on front page of all famous dailies and made headlines of News channels. If I search for my name on google, only information pertaining to this false case appears. Even though leading an honest life till date, I suffered. In public eyes I am a criminal. A person who should have been jail is enjoying all luxuries of life, because he had law buying power. Did we dream of this India???? It is very easy for an Investigating officer to put criminal tag on anyone for few bucks. But at the end, no one gains, but it is only an innocent who suffers because of nothing. After spending years in court, even if he gets justice, it doesn't add any value to my life, because I have already suffered. And Justice delayed is justice denied. Was my honesty my biggest crime ?? Where are my fundamental rights ??? Had I left India to serve US or any other country I would have been leading a much better life and people would have called it "Brain-Drain". Its already more than 7 years and case is still at trial stage. Dear Friends, this is an example of unfortunate incident due to carelessness and lack of competency of the authority/ person concerned. Thats why our justice known as "aandha kanoon". Media wont show these messages as they don’t sell. Media is busy posting reports where media's father raped media's sister...shame on this media all dirty people they sell flesh reports where as they don’t speak anything about a man being falsely accused. The media goes berserk while reporting crime. They destroy reputations in a few seconds by some juvenile reporters who do not know the difference between evidence and hearsay. They vitiate the atmosphere with shrill and malicious coverage that condemns the accused before trial. They cast aspersions on every one, except themselves. Otherwise the media ought to have published this part too. Well media is too busy with other interesting news. They don't wan't to take any moral responsibility. They just wan't to finish their targets. They are not social workers. They have their daily targets which they have to complete. What happens to the story later they don't have time for that. So no surprise here that his acquittal has not been publicized. He has to pay some money to these editors only then his story will be shown. It is still the norm of Indian media to lap up everything doled out by the police as the unadulterated truth. To keep the show going, the 24X7 news channels by their incessant reporting and repetition of the same, and the discussion and debates contribute to magnifying an event grotesquely out of shape. These are nothing but trial by media creating an impression, very often a distorted one, in the minds of the people far removed from the real thing. Media is yet to become responsible in this country. There should be a complete ban on media interference in such type of sensitive cases untill final verdict of the court. The laws are being rampantly misused destroying the life of innocents. Media makes the life of such person more miserable. Media & society is interested when any person is accused or arrested. nor public nor media is interested when person proved his innocence And what about the punishment to the police officials and the media which published news without any verification? It should be mandatory that no media should publish any news of any case until entire trial is over (till Supreme court). The police has immunity in such a case and the party which implicates the person is not charged for wrongly implicating a innocent person. In case the person is physically impaired then issue becomes more complicated. Our society is not yet matured to address such incidents and unfortunately media also sells news and such news has no sensation and hence will not be given much weight. It is a relevant issue and we all have to find solution for it. Some sort of accountability is called for from our law enforcing agencies who can keep innocents behind bars for so long. Surely, the police would have known if he is involved or not at a much earlier time but they also drag the case for so long. While mistake happens but correction and intent to correct is also very important. It is very important in this case to make some police officers accountable..... All over the world the cases are decided on the basis of evidences and takes decades together to decide the cases. Evidences are being cooked in so many cases and the innocent person suffers lot of humiliation. The fault mainly lies on the shoulder of the police. Police personnel who arrest the innocent persons ,must be arrested and should be given more punishment for making the false case. In some cases political rivalries are also there .Media is equally responsible for publishing the false news ,which lowers the dignity . The main Villain in this case is Police dept. They are responsible for this innocent man's Tragedy. To save their face they tag this innocent man and destroyed his future. Supreme Court must ask police dept. to suspend the police personnel involved in this case and Police dept. should pay the damage done by them and media should Highlight this man story to get back his dignity in society. This is so casual and flippant of the court - to declare a man innocent after he has suffered for years in jail and courtroom for being 'innocent'? Where is the justice in all this? Who will compensate for years of physical, material and mental trauma and damage? Is it enough to say after so many years that a man is innocent? The law makers and law enforcement will never be able to give justice to the accused and a fair trial will also be denied, probably the helpless accused may be to end up his life. Why action should not be taken against those who gives false/forged testimonies/statements. If crime is not convicted and if the proofs found fabricated by the court, then action must be taken against them as they are also guilty of hiding the truth and fooling the judiciary. Strict laws should be made to punish those who fabricate innocents in false cases and should be more intensive than the people suffered for wrong allegation. One can only imagine how tough it can be to be falsely accused and spend years in courtroom and imprisonment. And it gets even tougher when society rejects his family. I believe the responsibility should be taken by Judicial system. If they feel they have the responsibility to punish someone, they should also be responsible for rehabilitation of persons who were falsely accused. Before making the law, this type of outcome should also be considered. So nobody is humiliated. Scrap the british concocted laws....conceives to protect britsh crimes against indians. It is said that if wealth is lost nothing is lost, if character is lost then everything is lost. Surely victim is an aggrieved party and victim of character assassination out of no fault of his. That is very tricky how his public perception and confidence is restored. Mmany people in world who either destroy their life or go underground in such cases Why should taxpayers bears the burden of wrongs committed by police officers, judicial officers and at numerous times by false accusers? Much more needs to be done by the court towards helping the wrongly accused to rehabilitate in every way possible and should be done pro-actively by the judiciary, not after an appeal. Self respect and dignity are very precious to an individual. The man is well with in his rights to reclaim his good name which had been tarnished due to faulty investigations and indifferent courts. There are numerous examples of an individuals' reputation being dragged through dirt and he has no legal recourse to get it back. There is no apology or acceptance of the mistake committed by the concerned dept. In reality he should be adequately compensated for spending four long years in prison. it is a gross violation of his fundamental right to liberty. Just as the court / police / society can take away the freedom and rights of people who has committed crime, there should be a mechanism to restore it once any one is either acquitted. Our society has no considerations for real redemption. Unless the society, of which we are a part of has broader sense of morality, such pleas is going to get no ears. Scrutinize media and its functioning don't publish any name in public domain till trail is going on. Charge hefty fine if they don't follow the law to respect person’s private & public life. The media should not be allowed to publish names unless the person is found guilty. The media finds pride in publishing names and cooking stories and then they highlight it as if they are lucky that they are the first to report. Sad state of media and their unethical means to gain popularity. The victim goes through hell along with his family during the course of the trial. Our society is very narrow minded; and its sad what his children go through. The media strips him off his dignity and police also does the same. Why his name as acquitted should not be published in the same newspapers on the same page and with an equivalent size of column ? In many cases after so many years in jail, it is difficult to get back on track and run the same business or continue the same job respectfully. Its more trauma than a victim undergoes. Because he bears the sufferings just because it was not his fault. That is the reason why we had a old saying which quotes some thing like "Several culprits could get out from justice, but not even one innocent must be punished by Justice" The state should compensate the victim so that he can be brought on track to earn livelihood and lead a normal and respectable life. Who is at fault, the faulty investigating police or the judge who took all these years to declare him innocent or the society or the media? And with the kind of amendments proposed to this law including proposed Lokpal , more and more innocents will be facing this in the future. Is this not a country anymore to live, though better than afganisthan or pakistan, should we think of moving to Nepal or Srilanka, if not the US or Europe.... to live a life with dignity... God is with you if you are innocent, but when it would be Day of Judgment; all issues will be given an unimaginable and judicious treatment, so wait for actual judgment where every minute action is counted. Every ones including ours respect should be protected there. Let us share this article on our social networking profiles. So that this story reaches millions. If the cutting edge technology of social networking can make the news (good/bad) go viral, round the world and create sensation, i believe we can share this detail of innocence to get dignity back using the same medium which media failed to do. “An unjust law is itself a species of violence. Arrest for its breach is more so.” Mahatma Gandhi.



gopinathan

gopinathan

Wrote on 12 May 2018  

If the complainant is a public, it will be a genuine one. But if contractors made complaint against his pay drawing officer it will be mere personal animosity. They are doing forgery ,manipulation, malpractice in tender etc. Moreover they wont give quality in civil works.If the drawing officer victimised by a contractor under this Act, and acquitted by court of justice, can he seed compensation for the entire period of suspension? and from whom? whether from complainant or IO?


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