Madras High Court calls for mandatory attachment of assets in corruption cases

The Madurai Bench of the Madras High Court has called for amendments to the Prevention of Corruption Act, 1988, to make the attachment and confiscation of assets acquired through corrupt practices mandatory. Justice B. Pugalendhi said the law’s purpose was not limited to punishing people convicted of corruption.

It should also ensure that the proceeds of illegal conduct were not retained, enjoyed or disposed of by those who had acquired them. The judge said attachment of properties obtained through corrupt means, or through wealth disproportionate to known sources of income, was an important part of the anti-corruption framework. The Court said corruption and corrupt practices had to be treated more seriously than any other offence.

Mandatory attachment and confiscation, it added, were necessary to combat corruption, which had affected every part of society. According to the Court, the existing provisions required strengthening so that the government could effectively attach properties suspected to have been acquired through corruption or unexplained wealth. It said firm and deterrent measures were needed to create fear among officials who possessed assets obtained through illegal means.

Without such amendments, the Court said, the relevant provisions could remain only on paper and fail to have a deterrent effect. It expressed hope that the government would take the initiative to introduce suitable changes to the Act. The observations were made in the context of the Court’s consideration of the role of property attachment in enforcing the Prevention of Corruption Act.

The material does not identify the case in which the remarks were made or specify a particular order directing the government to amend the law.