Headline
High Court of J&K ruled that misuse of position without dishonest Intention does not amount to abuse under Corruption Law.
Summary
The High Court of Jammu & Kashmir and Ladakh, quashed an FIR against Raj Singh Gehlot, a chartered accountant, under the J&K Prevention of Corruption Act. The court stated that mere procedural lapses by public servants do not amount to abuse of power unless followed by dishonest intention to secure personal or 3rd party benefits.
Key Facts
- Case Name: Raj Singh Gehlot v. The Anti-Corruption Bureau
- Judge Name: Justice Javed Iqbal Wani
- Allegation was made of corruption in keeping ₹300 crore loan for Ambience Towers Pvt. Ltd.
- J&K High Court found no evidence of dishonest intention or any kind of conspiracy, deeming the allegations procedural lapses.
Legal Insights
The J&K High court shed light that “abuse of position” under Section 5(1)(d) of the J&K Prevention of Corruption Act needs dishonest intent. In the same way, conspiracy under Section 120-B RPC must be backed by certain and tangible evidence, not just assumptions.
Impact
This judgment focuses on the protection against misuse of laws of corruption, making sure that procedural lapses or administrative decisions aren’t criminalized without clear and transparent proof of dishonesty.
Why It Matters
The ruling of the J&K High Court upholds principles of justice by safeguarding individuals from unwarranted criminal proceedings, stressing on the importance of intention in corruption cases.
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