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Disproportionate assets to known source of income

Querist : Anonymous (Querist) 27 November 2010 This query is : Resolved 
If High court Justice or Supreme Court Justice have assets disproportionate to their known source of income. They may be impeached by parliament that all know. Whether they are liable for criminal prosecution by way of private complaint under section 200 crpc
Arun Kumar Bhagat (Expert) 27 November 2010
NO, they are immuned from prosecution.
Kirti Kar Tripathi (Expert) 28 November 2010
no.
Devajyoti Barman (Expert) 28 November 2010
No
Querist : Anonymous (Querist) 29 November 2010
Experts please find out there are many case laws which shows that public servant duty is not to indulge in corruption.
Parthasarathi Loganathan (Expert) 29 November 2010
Prevention of Corruption Act 1988 is expected to safeguard citizens against corruption and is safeguarded by Indian Constitutional law.

Section 2 clearly stipulates thatK

Public Servant: It is unique term in Anti-corruption law, being the deciding factor at the threshold, of one's liability, depending on his being public servant. The term 'Public Servant' was not defined under the PCA, 1947 and the Act adopted the definition of the term under sec. 21 of the Indian Penal Code. The PCA of 1988 provides a wider definition in the Act itself under clause (c) of sec. 2.

the following are the salient aspects of the new definition:
a) Under cl (c) of Sec.2 of the PC, the emphasis is on public duty and not on the Authority remunerating.


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