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"STING" before Supreme Court of India


Wednesday, 7th April 2010, 10.20 Hrs.
To,
The Hon'ble the Chief Justice Of India, K G Balakrishnan,

In the backdrop of Yahoo India news report - Tue, Apr 6 10:54 AM: CBI says charge those who sting, SC to decide.
The Supreme Court today decided to test the legality of the CBI stand that a person who does a sting operation on the sly to expose a "corrupt" public official is liable to be charged with the offence of abetting corruption. Abetment of corruption draws a punishment of imprisonment of a maximum five years and fine under the Prevention of Corruption (PC) Act, 1988.

MY LORDSHIP, If whether an alleged act constitutes an offence punishable with imprisonment, is probably a matter of Public Policy of India, a matter 'substantially' falls within the provinces of Parliament of India.

MY LORDSHIP, in our scheme of Constitution, the Separation of powers is recognized as a basic feature of our functional democracy. The Separation of powers implies the exercise of powers by three organs of the 'State' in mutual restraint and in the spirit of cooperation, in the best interest of the people.

MY LORDSHIP, Therefore, it feels that, it is desirable that this Hon'ble Apex Court may consider recusing itself from dwelling in the issue and left it for the wisdom of Parliament of India to decide upon and IF EXPEDIENT, they may pass an appropriate law, that – “Whoever carry out Sting Operation, to expose corruption in public life, will be punished with imprisonment........”

Moreover, so important, the laws passed by Parliament of India has sanction of the wishes of the 110 Crore people.

From,
Sandeep Jalan
[Advocate]



Page link of News Report:
http://in.news.yahoo.com/48/20100406/814/tnl-cbi-says-charge-those-who-sting-sc-t.html


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Thank you.
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Comments

krishnamurthy iyer said…
I appreciate the tinge of sarcasm in your observations.CBI is truly its Masters Voice.
I wish to know if ceritiorari can be used to quash trial in a lower court that is dragging on for say 10 yrs on the grounds that Right to speedy trial is denied?
April 16, 2010 at 10:00 AM
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