"Lack of effective deterrence in the form of punishment for corruption and lack of supervision could be described as cause for corruption," states the Lokayukta report for 2023-2024 that dealt with 286 cases during this period. "If the fruits of corruption are taken away or confiscated then only it will have the impact for which suitable legal measures or the framework has to be made," the 24th Consolidated Report on the performance of the office of Gujarat Lokayukta for the period from April 1, 2023 to March 31, 2024 tabled in the Legislative Assembly on Thursday stated, further stressing on cases of disproportionate assets stating that "there needs to be a suitable legal framework or measures to trace illegally amassed wealth and confiscate the same". “The suitable legal framework or the measures have to be provided to trace illegally amassed wealth and confiscate the same once the case for disproportionate assets is made on the same lines as the provision is in the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act 1970 (SAFEMA). The constitutional validity of such provisions has been upheld in this Statute and the burden could be on the public servant to explain as it could be within his personal knowledge to show and explain that the wealth amassed beyond his known source of income is not illegal and the same could be considered with reference to the benami property held in the name of close relatives like wife, son, daughter etc,” the report highlights. On reforms, the Lokayukta stressed on legal framework, including the Prevention of Corruption Act and laws of other institutions like the Lokayukta or the Central Vigilance Commission that are lacking in necessary discretion and powers. “The provisions which are not stringent create the impression that the person may get away with his corrupt activities or misconduct and even if the steps are taken including the criminal cases, the punishment are ineffective to provide any deterrence to those indulging in corrupt practices. The provision of Section 20(1) of Prevention of Corruption Act referring to the burden of proof and presumption oblige to draw a legal presumption with reference to the Evidence Act, 1872 could be suitably modified to provide for a consequential presumption also for disproportionate assets when the accused or person found guilty has failed to explain about the source and the burden should be on such person guilty of corruption including qua the family members. There may be a provision that it is not only the person involved, but his close relatives having the assets should be considered unless it has been explained that they have an independent source of income,” it suggests. Cases dealt with Two investigation cases, nine inquiry cases and 18 miscellaneous applications were pending as on April 1, 2024. Also, one investigation case, 13 inquiry cases and 243 miscellaneous applications were received during 2023-2024. Out of total 286 cases — 10 inquiry cases and 248 miscellaneous applications — have been disposed of up to March 31, 2024. As such, three investigation cases, 12 inquiry cases and 13 miscellaneous applications (a total of 28 cases) are pending to be disposed of as on March 31, 2024. Among these cases, one was pertaining to the additional compensation to the farmers of few villages of Dholera taluka as the complaint was received regarding the demand for corruption and the amount was not paid to the farmers. However, after the intervention of the Lokayukta office, the amount was paid to farmers for the land acquired in or around Dholera. Similarly, there was a complaint related to financial irregularity by one Shreeji Kelavani Mandal in respect of training classes for the development of tribal people, run by the Trust. After the preliminary inquiry, some substance was found and recommendations were made to the government for taking appropriate measures to either scrutinise or stop the payment of grant received directly from the central government.
