Gauhati HC Expresses Strong Disapproval Of Corruption And Misappropriation Of Funds In AP

The Gauhati High Court recently expressed its strong disapproval of corruption and misappropriation of public funds in the State of Arunachal Pradesh. The court emphasized the need for strict action to be taken against those accountable for such misconduct.

A bench of Chief Justice Sandeep Mehta and Justice Mitali Thakuria observed that despite the infusion of funds into the state, there has been a lack of significant outcomes.

The bench was hearing a plea concerning suspected irregularities in the management of contracts by the Arunachal Pradesh Public Works Department (PWD).

In 2021, the Central Bureau of Investigation (CBI) had filed a new case against former Chief Minister Nabam Tuki, accusing him of nepotism and corruption. The investigation claimed that a tender from 2005, which was initially awarded to the PWD, was subsequently granted to companies controlled by Tuki’s family members.

“All work orders were given to family members, sir. Ultimately it is public money, it is the taxpayers money, it is your money, it is my money. It is being pilferaged like anything. How many times have you visited Arunachal Pradesh? Please have a look at that State, what money has been pumped in, and what has resulted. Do not ask us to comment on that. It is preposterous, I would say. Unless the people who have pilfered are brought to book, nothing can happen. So let CBI continue its probe,” Chief Justice remarked.

The counsel representing the central agency argued that Section 17A of the 2018 Prevention of Corruption Act (PC Act) should not be applicable in this case, as the complaint was registered and the initial investigation began before the enactment of this provision.

The mentioned amendments in the PC Act require prior approval from the State government before initiating even a preliminary inquiry under the act.

The bench acknowledged that, prima facie, it agreed with the argument that Section 17A would not be applicable.

The court stated that, “Law is well settled, procedural law cannot be retrospective. Herein process was set into motion earlier”.

Therefore, the Court allowed the CBI to continue its investigation and posted the matter for further hearing on 15^th June, 2023.