Supreme Court Upholds Continuation of Confiscation Proceedings Against Relatives Post Accused's Death, Confiscation under Bihar Special Courts Act, 2009 to proceed despite death of main accused, rules SC
In a landmark judgment, the Supreme Court of India has ruled that confiscation proceedings under the Bihar Special Courts Act, 2009 (BSCA) can continue against a spouse or relative of a delinquent officer, even after the death of the accused public servant. The apex court's decision came in the case of "State of Bihar v. Sudha Singh", where the High Court had previously set aside confiscation proceedings on account of the death of the accused, Ravindra Prasad Singh.
The Supreme Court bench, comprising Justices Sanjay Karol and Nongmeikapam Kotiswar Singh, overturned the High Court's decision, emphasizing that confiscation is distinct from criminal proceedings and, therefore, does not abate with the accused's death. The judgment clarified that the legislative intent of the BSCA is to enable the continuation of proceedings against those holding allegedly illegally acquired property, even if the original accused passes away.
The case revolved around allegations of disproportionate assets amassed by Ravindra Prasad Singh, a government servant, between 1975 and 2009. Despite his death in 2018, the State of Bihar sought to continue confiscation proceedings against his wife, Sudha Singh. The Supreme Court noted that the High Court had erred in automatically setting aside the proceedings and reiterated that confiscation orders could only be annulled by a High Court modification or a Special Court acquittal.
Furthermore, the judgment highlighted that non-public servants, such as spouses or relatives, could be prosecuted under the Prevention of Corruption Act, 1988, for abetment if they hold disproportionate assets. The court emphasized that the BSCA's provisions clearly intended to include abettors in the trial process alongside public servants.
This ruling underscores the court's stance on maintaining the integrity of confiscation proceedings as an essential tool in combating corruption and ensuring that illicitly acquired assets are subject to legal scrutiny, regardless of the accused's status.
Bottom Line:
Confiscation proceedings under the Bihar Special Courts Act, 2009 (BSCA) can continue against a spouse or relative of the delinquent officer even after the death of the accused public servant. The proceedings do not abate merely due to the death of the accused, as confiscation does not fall under criminal proceedings per se.
Statutory provision(s): Bihar Special Courts Act, 2009 Sections 13, 14, 15; Prevention of Corruption Act, 1988 Section 13(1)(e); Indian Penal Code, 1860 Section 107
State of Bihar v. Sudha Singh, (SC) : Law Finder Doc id # 2869692
