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SC’s green signal to Bihar’s confiscation law

Patna,(BiharTimes): Justice Dalveer Bhandari of the Supreme Court recently refused to stay the Bihar Special Courts Act, 2009. The Bihar government enacted the law which provides for attachment and confiscation of the property of corrupt public servants under the Prevention of Corruption Act even during the trial.

The property of corrupt persons can be attached even when the investigation is under way, if the authorised officer concludes that the acquisition of the property was the result of the offence committed by the accused.

The apex court issued notice to the State government on a bunch of petitions challenging the constitutional validity of the law.

It needs to be recalled that the Patna High Court had already upheld the validity of the law.

The appellants, Sanjay Kumar and others, submitted that depriving a person of all his property is as good as taking away his right to live with human dignity.

They said that they had no objection to the transfer of cases from a criminal court to a court of a special judge, but were against the power granted to an authorised officer to confiscate the property of an accused at the stage of investigation or prior to trial.

The petitioners sought the quashing of the law and demanded that the High Court judgment be set aside.





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