New Delhi, April 17: Corruption poses a serious threat to society and must be dealt with an iron hand as it not only leads to abysmal loss to the public exchequer but also tramples upon good governance, the Supreme Court said on Monday while setting aside the anticipatory bail granted by the Gujarat High Court to an IRS officer in a corruption case.
A bench of Justices Surya Kant and JK Maheshwari set aside the pre-arrest bail granted to Indian Revenue Service (IRS) officer Santosh Karnani on an appeal by the CBI. “The nature and gravity of the alleged offence should have been kept in mind by the High Court. Corruption poses a serious threat to our society and must be dealt with iron hands. It not only leads to abysmal loss to the public exchequer but also tramples good governance,” the apex court said.
It said the common man stands deprived of the benefits under social welfare schemes and is the worst hit.
“It is aptly said corruption is a tree whose branches are of an unmeasurable length, they spread everywhere, and the dew that drops from thence hath infected some chairs and stools of authority. Hence the need is to be extra conscious,” the court said.
It clarified that it has expressed only prima facie opinion on the merit of the allegations for the limited purpose to refuse or grant pre-arrest bail. “If Respondent No. 1 (Karnani) moves an application for grant of regular bail before an appropriate Court, the same shall be considered on its own merits and in accordance with law, uninfluenced by the observations made hereinabove,” it said.
Allowing the CBI’s appeal, it said the impugned judgment and order of the Gujarat High Court dated December 19, 2022 is set aside and the anticipatory bail application of Karnani is dismissed.
The FIR was registered by the state anti-corruption bureau, Ahmedabad on a complaint on October 4, 2022. Acting on the FIR, the local police had laid the trap the same day and recovered the bribe amount of Rs 30 lakh.
The investigation was later handed over to the CBI which re-registered the same FIR on October 12, 2022.
The complainant runs a construction company- Safal Construction Pvt. Ltd.
The top court noted, “In February 2019, Respondent No. 1 (Karnani), an IRS Officer, posted as Additional Commissioner of Income Tax, Ahmedabad, conducted a survey for the financial year 2018-19 under Section 133A of the Income Tax Act, 1961 against Safal Construction Pvt. Ltd. whereunder the group disclosed an additional income of Rs. 50 crores.”
Thereafter, in September 2021, search and seizure action was initiated by the Investigation Wing of Income Tax Department, Ahmedabad.
On September 29, 2022, Karnani allegedly contacted the complainant and told him to meet him on October 3, 2022.
Accordingly, the complainant met Karnani at the Income Tax Office where he demanded illegal gratification of Rs 30 lakh to help the complainant with his case. (PTI)
