monday, december 14, 2015 (page 16) dailyexcelsior,...

NEW DELHI, Dec 13:

The Supreme Court has upheldthe constitutional validity of twolaws of Bihar and Odisha whichallow confiscation of properties ofthe accused in corruption cases,including those occupying high pub-lic or political office, saying a "socialcalamity" like graft has become a"national economic terror".

A bench comprising justicesDipak Misra and A R Dave upheldthe validity of Orissa SpecialCourts Act, 2006 and BiharSpecial Courts Act, 2009, passedby the two state assemblies, whichallow setting up of special courtsand confiscation of properties,saying the laws do not violateconstitutional provisions.

"In a way, corruption becomesa national economic terror. Thissocial calamity warrants a differ-ent control and hence, the legisla-ture comes up with special legisla-tion with stringent provisions,"the bench said.

It said that establishment ofSpecial Courts under these Actswere "not violative of Article247 of the Constitution".

The bench observed this inits verdict passed on a bunch ofpleas, challenging the provisionsof confiscation of propertieseven before conviction on theground that these violated con-stitutional provisions.

"The Chapter III of the boththe Acts providing for confisca-tion of property or money or both,neither violates Article 14 norArticle 20(1) nor Article 21 of theConstitution," the bench said.

It also rejected the submis-sion of petitioners that confisca-tion of properties before convic-tion was a pre-trial punishment.

"It is basically a confiscationwhich is interim in nature.Therefore, it is not a punishment asenvisaged in law and hence, it isdifficult to accept the submission

that it is a pre-trial punishment and,accordingly, we repel the said sub-mission," the bench said.

It further said the provisionstarget the persons who have assetsdisproportionate to their knownsources of income, which is con-ceptually a period offence and notincident specific where proof ofcorruption is required.

"This conceptually is a periodoffence, for it is not incident specif-ic as such. It does not require proofof corruption in specific acts, buthas reference to assets accumulatedand known sources of income in aparticular period," it said.

The bench also rejected the con-tention that a specialclass was beingcreated to try them which is viola-tive of Article 14 of the constitution.

"In the context of the presentOrissa Act, it is associated with

high public office or with politicaloffice which are occupied by peo-ple who control the essentialdynamics of power which can be auseful weapon to amass wealthadopting illegal means.(PTI)

MONDAY, DECEMBER 14, 2015 (PAGE 16) DAILY EXCELSIOR, JAMMU

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GOVERNMENT OF JAMMU AND KASHMIRFINANCE DEPARTMENT

DIRECTORATE GENERAL OF ACCOUNTSAND TREASURES, J&K

Subject: Contribution towards the ArmedForce Flag Day Fund.

CIRCULARArmed Force Flag Day is being observed on

07th December, 2015. As per practice in previ-ous years all the Treasury Officers are directedto impress upon all the Drawing & DisbursingOfficers operating on their respective treasuriesto ensure collection from all the employees fromtheir salary for the month of December, 2015 atthe rate of Rs. 50/- per Gazetted Employee andRs. 20/- per Non-Gazetted Employees as con-tribution towards the Armed Force Flag Fund.The Contribution towards the fund is exeptedfrom the Income Tax.

The amount shall be remitted throughcheque/ bank draft to Armed Force Flag DayFund C/o Director, Sainik Welfare, Jammu &Kashmir Government, Amphalla, Jammu.

Sd/-(Navin K. Choudhary) IAS,

Commissioner/ Secretary to GovernmentFinance Department.

DIP/J-7101Dt: 11-12-2015

SC nod to laws of Bihar, Orissa to confiscate assets of babus