Systematic corruption is a human rights violation: Indian Court refuses bail to official accused of corruption
Allegedly, Ahmad was in the habit of demanding and accepting illegal gratification from NHAI contractors for clearing their pending bills and for issuing Provisional Commercial Operations Date for completed projects.
A Delhi Court in a recent decision refused to grant bail to a National Highways Authorities of India (NHAI) senior official accused of corruption. Referring to the NHAI “Hum Sadak Ka Nirmaan Hi Nahi Kartey, Rashtra Ka Nirmaan Kartey Hain”, the Court said,
“What kind of “Rashtra Nirmaan” is being done by senior officers like applicant by having millions of rupees in their locker?”
The bail applicant Akil Ahmad, is a Regional Officer of NHAI.
Allegedly, Ahmad was in the habit of demanding and accepting illegal gratification from NHAI contractors for clearing their pending bills and for issuing Provisional Commercial Operations Date for completed projects.
Allegedly, unaccounted cash amounting to around Rs.4 lakhs, unaccounted cash of around Rs.50 lakhs and approx. 4 kilograms of gold bars and jewellery (valued around Rs.2.20 crores) was recovered from him. He has been in police custody for 43 days and made a bail application.
A Special Judge of the Court refused such bail application basis the above recovery, stating, there is “far reaching social-impact of the offence involved in the matter and larger public interest; I am not inclined to admit the applicant on bail at this stage.”
The Court further noted, “Corruption erodes trust in government and undermines the social contract. This is cause for concern across the globe, but particularly in contexts of fragility and violence, as corruption fuels and perpetuates the inequalities and discontent that lead to fragility, violent extremism, and conflict. Corruption impedes investment, with consequent effects on growth and jobs. Corruption is not only a punishable offence, but it also undermines human rights indirectly violating them and systematic corruption is a human rights violation itself, as it leads to systematic economic crime.”
Rejecting the applicants complaint of ‘long detention’ as reason for bail, the Court noted long detention by itself can not be a ground for bail. The Court relied on Prasanta Kumar Dutta V/s The State of Assam to further elucidate on the matter.
