Delhi High Court Bats For 'Absolute Intolerance' Towards Corruption In Police, Denies Relief To Cop Booked For Demanding Bribe
The Delhi High Court has observed that reports of corruption in the police department contribute to perception of injustice and the decision makers, whether in judiciary or executive, must use all force to root it out.Justice Girish Kathpalia said that the unrest in society caused by corruption by persons highly placed significantly generates cynicism against the system, thereby denting...
The Delhi High Court has observed that reports of corruption in the police department contribute to perception of injustice and the decision makers, whether in judiciary or executive, must use all force to root it out.
Justice Girish Kathpalia said that the unrest in society caused by corruption by persons highly placed significantly generates cynicism against the system, thereby denting the efficacy of judicial system meant for creating a peaceful society.
Observing that corruption stands at no lesser footing than the conventional bodily crimes, the Court said:
“Rather, corruption severely injures the body of the entire society. Victims of such crimes are not just the 'Kalus' of the society, but all of us – the entire society, therefore the societal approach to corruption should be of not just “zero tolerance”, but “absolute intolerance”.”
The Court denied anticipatory bail to a policeman (head constable) arrested on the charges of corruption and demanding Rs. 60,000 bribe from a bad character namely Kalu by threatening to implicate him in a false case.
It was alleged that the accused officer personally did not receive the bribe money and that he directed Kalu to hand over the same to another head constable. It was further alleged that the head constable met Kalu on road, took the currency notes and fled away.
Rejecting the plea, the Court said that various officers in the Delhi Police tirelessly work with complete honesty and dedication, often at personal risk, but shadow of corruption continues to plague parts of police system, thereby undermining public trust.
It added that in corruption cases, while dealing with the issue of anticipatory bail, the court has to be cautious that the decision should not convey to the society at large a legal system tolerant to corruption crime.
“Of course, one is not advocating for a zero scope for anticipatory bail in corruption cases; in extremely exceptional circumstances where the court is satisfied about lack of truth in the charges of corruption, grant of anticipatory bail can be justified. But granting anticipatory bail in corruption cases applying routine parameters would not be safe,” the Court said.
It added that the accused is a police official, who demanded bribe after threatening the bad character of the area and ensured that the bribe money was physically handed over to co-accused so that they do not get trapped.
“In view of the aforesaid, I do not find it a fit case to grant anticipatory bail to the accused/applicant. Therefore, this anticipatory bail application is dismissed,” the Court said.
Title: DEVENDER KUMAR v. STATE NCT OF DELHI
Citation: 2025 LiveLaw (Del) 890