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The Hon’ble Bench of Gujarat High Court comprising Hon’ble Justice J B Paridwala said that corruption is rampant, whereby the governance is becoming a joke. He asserted that the development of our nation is a victim of the existence of corruption, and people do not see development in society because of corruption.
Further, the Hon’ble Judge said that if there were any exclusive factor that could be detrimental to the progress in the society, without any doubt it is corruption. If the society faces corrupt elements powerful than the hired assassins for law and order, then such elements lie in the higher hierarchy in the government or political parties or both.
Corruption is the biggest factor for failure in the societal progress in our nation. It helps one to evade the legal clutches; hurt the fundamental rights of a person; threaten the national security; and jeopardizes the democratic institutions. The court was hearing two petitions filed by two former ministers of Gujarat—Parshottam Solanki and Dileep Sanghani. The petitioners tried to quash the criminal prosecution against them in the Rs. 400 Crores fisheries scam.
The court ascertained that it had received evidencemore than what is required prima facie to proceed against both the sitting and former minister. Thus, there was sufficient cause to put them on trial. A contention alleging the existence of maliciousintent per se, on the part of the complainant,carriesno persuasive value. Thus, the court rejected this contention and stated its opinions on the need for swift trials.
The Court observed that speedy trials are imperative for upholding criminal justice. Section 19(3) of the Act exhibits the swift disposal of trial and the least intervention by the higher courts. Section 4(4) of the Act also states that the Special Judge should hold the trial of an offence every day, if practicable. Indeed, the speedy trials are significant given the agreement among the object of the act, intention of the legislature, and precedents emphasizing on speedy disposal of cases.
Therefore, the High Court dismissed the petition and concluded saying the following words:
“When you see that trading is done, not by consent, but by compulsion; when you see that in order to produce, you need to obtain permission from men who produce nothing; when you see that money is flowing to those who deal, not in goods, but in favours; when you see that men get richer by graft and by pull than by work, and your Laws don’t protect you against them but protect them against you; when you see corruption being rewarded and honesty becoming a self-sacrifice; you may know that your society is doomed”
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