Why No Law For Preventive Detention Of Corrupt Govt Officials: Justice N Kirubakaran Asks 15 Questions To TN Govt [Read Order]

Corruption is said to become order of the day and the people seems to have been driven to level of accepting it as normal. Corruption erodes and corrodes our administration. Demand of bribe itself is breach of trust of the State, the judge said.

Justice N Kirubakaran of the Madras High Court asked 15 questions to Tamil Nadu Government observing that corruption is said to become order of the day and the people seems to have been driven to level of accepting it as normal.

The judge made these queries to the government while considering a writ petition seeking a direction to registrar to release some deeds. During the course of hearing, the counsel told the court that non-release of documents for more than one year is to pressurize the petitioner and others to pay “bribe”.

“Without payment of bribe money, nothing moves in Registrar offices and “brokers”, “touts” are engaged by the officials to collect bribe, as CCTV's are installed in Registrar offices,” the court was told.

Taking note of these submissions, the judge referred to surveys conducted by Transparency International and Forbes and observed that almost all the government offices are said to have become bedrock of corruption.

“Corruption by public servants is not only white collar crime, it is more heinous than other criminal offences, as corruption retrogrades our country's development,” the judge remarked.

The court also opined that stringent statutes are to be enacted to detain the corrupt elements/officials under preventive detention law as a preventive measure. “Only when preventive detention is made, those who are indulging in corruption will be deterred and fear would be inculcated in their minds,” the court said.

1. Whether the State could bring out a separate preventive detention Act to detain “corrupt elements/officials/public servants” who are indulging in corruption?


2. Why not the State Government bring an amendment to the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Goondas, Immoral Traffic Offenders, Forest Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers Act and Video Pirates Act, 1982, to include public servants taking gratification in the Act?


3. Till the new Act is enacted, why not the state government invoke the Goondas Act [Act 14] to detain corrupt officials/public servants on the ground that their corrupt acts affect adversely or likely to affect adversely the maintenance of public order?


4. How many raids have been conducted by the DVAC throughout the state in all the departments, including registration offices, for the past 10 years? [Give yearwise details regarding all the departments in toto and Registration department separately]


5. How many persons have been booked and arrested, for the past 10 years? [Give yearwise details regarding all the departments in toto and Registration department separately]


6. How much amount has been seized by the DVAC, while conducting raids, for the past 10 years? [Give yearwise details regarding all the departments in toto and Registration department separately]


7. How many criminal cases have been filed each year by the DVAC, for the past 10 years? [Give yearwise details regarding all the departments in toto and Registration department separately]


8. What is the rate of conviction in corruption cases in the state for the past 10 years? [Give yearwise details regarding all the departments in toto and Registration department separately]


9. In how many cases conviction has been secured for the past 10 years? [Give yearwise details regarding all the departments in toto and Registration department separately]


10. Which are all the top 5 government departments where corruption is more as per the DVAC data?


11. What are all the problems faced by the DVAC during raid, investigation and prosecuting the case before the Court?


12. Whether manpower available with the DVAC is sufficient to execute their works and if it is not, what is the requirement?


13. Whether sufficient amount is allotted to DVAC Department, in view of reporting of more number of corruption cases?


14. Whether the DVAC is making use of advanced scientific gadgets/instruments to nab the corrupt elements, while conducting raids?


15. How many public servants have been booked on the charges of corruption or demanding bribe on more than one occasion, for the past 10 years?