“Today, corruption in our country not only poses a grave danger to the concept of constitutional governance, it also threatens the very foundation of Indian democracy and the Rule of Law,” Justice A K Ganguly said while delivering the verdict on the issue of granting sanction to prosecute former Telecom Minister A Raja in the 2G spectrum allocation scam.
“The magnitude of corruption in our public life is incompatible with the concept of a socialist, secular and democratic republic. It cannot be disputed that where corruption begins all rights end,” he said.
He further elaborated that anti-corruption law has to be interpreted in such a fashion as to strengthen the fight against corruption.
“Corruption devalues human rights, chokes development and undermines justice, liberty, equality, fraternity which are the core values in our preambular vision. Therefore, the duty of the Court is that any anti-corruption law has to be interpreted and worked out in such a fashion as to strengthen the fight against corruption,” he said.
He said the right of private citizen to file a complaint against a corrupt public servant is a constitutional right and competent authority must be taking action on those complaints.
“The right of private citizen to file a complaint against a corrupt public servant must be equated with his right to access the Court in order to set the criminal law in motion against a corrupt public official. This right of access, a constitutional right should not be burdened with unreasonable fetters,” he said while pointing out that the government has not given sanction to prosecute 126 alleged corrupt officials.