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Showing contexts for: SUBRAMANIAN SWAMY in K.K.Shrivastava vs State Of M.P. on 3 March, 2022Matching Fragments
184. A Constitution Bench of this Court in Subramanian Swamy v. CBI, reiterated that corruption is an enemy of the nation and tracking down corrupt public servants and punishing such persons is a necessary mandate of the 1988 Act.
185. On the touchstone of the above entrenched legal prescripts the evidence on record would have to be assayed to derive the deductions as logically permissible.
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202. In State of M.P. v. Shambhu Dayal Nagar, this Court Ajay Pandvia Vs. State of M.P. through S.P.E. (Cr.A. No. 429 / 2013) Narendra Singh Bhadoria Vs. State of M.P., through S.P.E. (Cr.A. No. 440 / 2013) K.K. Shrivastava Vs. State of M.P. through S.P.E. (Cr.A. No. 441 / 2013) R.B. Shrivastava Vs. State of M.P. through S.P.E. (Cr.A. No. 445 /2013) while responding to the plea for a lenient view qua a charge of corruption expressed its concern against rampant venality by public servant observed that the malady is corroding like cancerous lymph nodes, the vital veins of the body politics, social falenic of efficiency in public service and demoralising the honest officers. The need for public servants to devote their sincere attention to the duties of the office was emphasised.
203. In Subramanian Swamy, this Court was examining the challenge to the constitutional validity of Section 6-A of the DSPE Act, 1946--qua a classification amongst public servants made by Section 6-A for the purpose of inquiry/investigation into any offence under the 1988 Act. It was observed that the corruption is an enemy of the nation and to track down the corrupt public servant and to punish them is the necessary mandate of the 1988 Act and as such the purposes of law being either to eliminate public mischief or achieve public good, the classification militates against the same and in a way advances public mischief and protects the crime doer. It was held that the provision thwarts independent unhampered, unbiased, efficient and fearless inquiry/investigation to track down the corrupt public servants. Section 6-A of the DSPE Act and Section 26(c) of the CBC Act were struck down.