I would like to share these golden observation of the Hon'ble Supreme Court for 
the members benefit. Please pardon me, for the forward, if you have already 
read and in possession of the same.                                             
                                                                                
                                        


CRIMINALAPPEAL NOS.314-319  OF 2017(Arising out of SLP (Crl.) Nos. 7107-7112of 
2015) STATE OF KARNATAKA                     ...           ...               
APPELLANT(S):Versus: INDO DOHA CHEMICALS & PHARMACEUTICALSAND ORS. ETC.         
       ...             ...          RESPONDENT(S)   J U D G M E N T  Amitava 
Roy, J.  A few disquieting thoughts that have lingered and languished in 
distressed silence in mentation demand expression at the parting with a pulpit 
touch. Hence, this supplement. 2.               The attendant facts and 
circumstances encountered as above, demonstrate a deep rooted conspiratorial 
design to amass vast assets without any compunction and hold the same 
throughshell entities to cover up the sinistertrail of such illicit 
acquisitions and deceive and delude the process of law. Novelty in the outrages 
and the magnitude of the nefarious gains as demonstrated by the revelations in 
the case are, to say the least, startling. 3.               A growing 
impression in contemporary existence seems to acknowledge, the all pervading 
pestilent presence of corruption almost in every walk of life, as if to rest 
reconciled to the octopoidstranglehold of this malaisewith helpless awe. The 
common day experiences indeed do introduce one with unfailing regularity, the 
variegated cancerous concoctions of corruption with fearless impunity gnawing 
into the frame and fabric of the nation’s essentia. Emboldened by the lucrative 
yields of such malignant materialism, the perpetrators of this malady have 
tightened their noose on the societal psyche. Individual and collective 
pursuits with curative interventions at all levels are thus indispensable to 
deliver the civil order from the asphyxiating snare of this escalating 
venality. 4.               In the above alarmingbackdrop of coeval actuality, 
judicialadjudication of a charge based on an anti-corruption law motivated  by  
the impelling  necessities  of time, has  to be informed with the desired 
responsibility and the legislative vision therefor.Any interpretation of the 
provisions of such law has to be essentially purposive, in furtherance of its 
mission and not in retrogression thereof. Innovative nuances of evidential 
inadequacies, processual infirmities and interpretational subtleties, artfully 
advanced in defence, otherwise intangible and inconsequential, ought to be 
conscientiously cast aside with moral maturityand singular sensitivity to 
uphold the statutory sanctity,lest the coveted cause of justiceis a causality. 
5.               Corruption is a vice of insatiable avarice for self- 
aggrandizement by the unscrupulous, taking unfair advantage of their power and 
authority and those in public office also, in breachof the institutional norms, 
mostly backed by minatory loyalists. Both the corrupt and the corrupter are 
indictable and answerable to the society and the countryas a whole. This is 
more particularly in re the peoples’ representatives in public life committedby 
the oath of the office to dedicateoneself to the unqualified welfare of the 
laity, by faithfully and conscientiously discharging their duties attached 
thereto in accordance with the Constitution, free from fear or favour or 
affection or ill-will.A self-serving conduct in defiance of such solemn 
undertaking in infringement of the community’s confidence reposed in them is 
thereforea betrayal of the promiseof allegiance to  the Constitution and a 
condemnable sacrilege. Not only such a character is an anathema to the 
preambulor promise of justice, liberty, equality, fraternal dignity, unity and 
integrity of the country, which expectantly ought to animate the life and 
spirit of every citizen of this country, but also is an unpardonable onslaught 
on the constitutional religion that forms the bedrock of our democratic polity. 
6.               This pernicious menace stemming from moral debasement of the 
culpables, apart from destroying the sinews of the nation’s structural and 
moral set-up, forges an unfair advantageof the dishonest over the principled, 
widening as well the divide between the haves and have nots. Not only this has 
a demoralising bearing on those who are ethical,honest, upright and 
enterprising, it is visibly antithetical to the quintessential spiritof the 
fundamental duty of every citizen to strive towards excellence in all spheres 
of individual and collective activity to raise the nation to higher levels of 
endeavour and achievement. This virulentaffliction triggers an imbalance in the 
society’s existential stratas and stallsconstructive progress in the overall 
well-being of the nation,besides disrupting its dynamics of fiscal governance. 
It encourages defiance of the rule of law and the propensities for easy 
materialistic harvests, whereby the society’s soul stands defiled,devalued and 
denigrated. 7.               Such is the militant dominance of this 
sprawlingevil, that majorityof the sensible,rational and discreet constituents 
of the society imbued with moral values and groomed with disciplinal ethos find 
themselves in minority, besides estranged and resignedby practical compulsions 
and are left dejectedand disillusioned. A collective, committed and courageous 
turnaround is thus the present day imperative to free the civil order from the 
suffocative throttle of this deadly affliction. 8.               Every citizen 
has to be a partnerin this sacrosanct mission,if we aspire for a stable,just 
and ideal social order as envisioned  by  our  forefathers  and  fondly 
cherished  by  the numerous self-effacing crusaders of a free and independent 
Bharat,pledging their countless sacrifices and selfless commitments for such 
cause. ............................................J. (AMITAVA ROY)  NEW DELHI; 
FEBRUARY 14, 2017

   

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