Rs 100 'too small' bribe amount and trivial matter, says Bombay HC
upholds acquittal of govt official
Mumbai (PTI): An amount of Rs 100 seems to be "too small" as a bribe in the year 2007 and more so now, the Bombay High Court has said while acquitting a government medical officer in a corruption and bribery case.
A single bench of Justice Jitendra Jain on Tuesday said it was a fit case to be treated as a trivial matter and upheld the trial court order acquitting the medical officer.
In 2007, one L T Pingale accused Dr Anil Shinde, the medical officer of a rural hospital at Paud in Maharashtra's Pune district, of seeking Rs 100 to certify his injuries following an alleged assault by his nephew.
Pingale complained to the Anti-Corruption Bureau, which laid a trap and caught Shinde red-handed. He was prosecuted under provisions of the Prevention of Corruption Act.
In January 2012, a special court acquitted Shinde of all charges which was challenged by the state in the HC.
The high court, however, found no merit in the state's appeal.
"In the instant case, the allegation is acceptance of a bribe of Rs 100 in the year 2007. The amount appears to be too small in the year 2007 and more so, in the year 2023 when the appeal is being heard against the acquittal," the bench said in its order.
"Therefore, assuming that the appellant-complainant is able to prove the charges (although, I have already held that they have failed to prove the charges), in my view after considering quantum at the relevant time this could be a fit case to be treated as a trivial matter to uphold the acquittal order," it said.
The bench relied on certain provisions of the Prevention of Corruption Act that if the alleged bribe of gratification is trivial, then no inference of corruption may be drawn and the court may refuse to presume that the accused is corrupt.
The high court dismissed the state government's appeal.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Unruly scenes witnessed in Punjab Assembly
Chandigarh (PTI): The Punjab Assembly on Friday witnessed high drama on Friday after Congress MLA Sukhpal Singh Khaira made an allegedly objectionable remark against Chief Minister Bhagwant Mann during an intense argument over the alleged use of mobile phone in the house by the legislator.
During the one-day special session of the Punjab Vidhan Sabha here, Mann accused Khaira of using a mobile phone when Speaker Kultar Singh Sandhwan was reading out an official resolution on the revision of wages.
After rising from his seat, the chief minister pointed to the speaker, claiming that Khaira is busy on his mobile phone and urged him to ask the Congress MLA what Sandhwan had said about the resolution.
The speaker then asked Khaira to maintain order in the house and listen to the resolution carefully.
Mann then asked Khaira, "Why don't you go out and then use it (mobile phone)," which led to a strong verbal altercation during which the opposition MLA hurled an accusation against the chief minister. Meanwhile, the speaker appealed for order and insisted that the chair be addressed.
However, both Mann and Khaira continued arguing and could be seen pointing fingers at each other as the proceedings of the house were disrupted.
The AAP MLAs also rose from their seats with Finance Minister Harpal Singh Cheema condemning Khaira for his conduct and demanded action against him.
Cheema further alleged that Khaira "always tries to disturb the house" as he spoke about his conduct in the assembly.
The incident occurred as an official resolution on the revision of wages was presented at the special session by Labour Minister Tarunpreet Singh Sond who said it paid homage to labourers on the International Workers' Day.
"Workers are the axis of construction of the nation, the community, the state and society. Every construction project succeeds only through their blood and sweat," the resolution read.
As per the resolution, "The base rate of minimum wages for the working class in Punjab was last revised in the year 2012. Although the dearness allowance has continued to increase since 2012, there has been no increase in the base rate of minimum wages.
On this sacred occasion of May Day, in this special session of the legislative assembly, this house proposes to revise and increase the minimum wages of labourers and strongly recommends to the government to take a decision regarding the increase of minimum wages for workers, so that the contributions of the workers can be acknowledged." PRK
