L K ADVANI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Let honesty be as the breath of thy soul; then shalt though reach the point of happiness, and independence shall be thy shield and buckler, thy helmet and crown ; then shall thy soul walk upright, nor stoop to the silken wretch because he had riches, nor pocket an abuse because the hand which offers it wears a ring set with diamonds." - Frannklin. "The whole of Government consists in the art of being honest." - Thomas Jefferson, Works VI, 186. Thus realising the importance of honesty and probity in public life and to weed out the corruption rampant amongst the public servants, the legislators thought it fit and proper to frame a comprehensive legislation in the form of Prevention of Corruption Act, 1947 as the existing laws in the form of Sections 161 to 165A Indian Penal Code, they felt, had proved inadequate for dealing with the situation obtaining at that time on account of war and immediately thereafter. Subsequently in order to further strengthen the anti - corruption laws and to make them very effective the Prevention of Corruption Act, 1988 was passed which received the assent of the President of India on September 9,1988.

(2.) The present petitions relate to the corruption charges levelled against the petitioners under the Prevention of Corruption Act, 1988.

(3.) The petitioners herein, known as S/Shri L.K.Advani, V.C.ShukIa, J.K.Jain, N.K.Jain, S.K.Jain and B.R.Jain have taken exception through the present revision petitions bearing Nos. 124, 166, 167, 256, 257, 265, 328, 329, 330 and 331 of 1996, to the judgments and orders dated September 6, 1996 and May 8,1996 passed by the learned Special Judge in C.C. Nos.l7/96 in RC/1(A)/95 -ACU -6 under Section 120B Indian Penal Code and Sections 7 & 13(2) read with Section 13(l)(d) of the Prevention of Corruption Act, 1988 and under Section 120B Indian Penal Code and Section 12 of Prevention of Corruption Act. The learned Special Judge through the said judgment and order came to the conclusion that there was a prima facie case against the above -named petitioners under Section 120B Indian Penal Code and Sections 7, 12 and 13(2) read with Section 13(l)(d) of the Prevention of Corruption Act against all the abovenamed persons i.e. S/Shri L.K.Advani, S.KJain, J.K.Jain, N.K.Jain and B.RJain. He further found that there existed a prima facie case for framing charges under Sections 7 & 13(2) read with Section 13(l)(d) of the Prevention of Corruption Act against Shri L.K.Advani. He further opined that there was a prima facie case for framing a charge under Section 12 of the Prevention of Corruption Act against S/Shri S.KJain, N.KJain, J.K.Jain and B.RJain. He thus ordered that charges be framed against them accordingly.