Deemed univs & its trustees come under graft act

Dhananjay.Mahapatra@timesgroup.com

New Delhi:29.04.2020

Widening the ambit of Prevention of Corruption Act, the Supreme Court ruled that even deemed universities will come under the purview of the anti-corruption law and trustees of the trusts running these universities could be prosecuted as public servants for their corrupt acts.

“Corruption is the malignant manifestation of a malady menacing the morality of men. There is a common perception that corruption in India has spread to all corners of public life and is currently choking the constitutional aspirations enshrined in the Preamble. In this context, this case revolves around requiring this court to facilitate making India corruption free," a bench headed by Justice N V Ramana said while giving this ruling.

The bench, also comprising Justice M M Shantanagoudar, was deciding a corruption case relating to a trustee of Sumandeep Charitable Trust, which runs a deemed university 'Sumandeep Vidyapeeth' in Gujarat. The prosecution alleged that the institution demanded an additional Rs 25 lakh to allow a complainant's daughter to appear in the final MBBS examination, despite having paid the entire annual fee.

The institution agreed to accept a cheque for the amount in lieu of promise to pay the amount in cash later. On complaint, the police set up audio and video camera trap. After catching the conduit, the police raided the institution and found several undated cheques drawn in the name of the institution worth over Rs 100 crore. The Gujarat police registered a case under PC Act arraying the trustee as an accused as he was described by the arrested persons as the one who demanded illegal donations.

Setting aside the Gujarat High Court order discharging the trustee on the ground that deemed university did not come under the ambit of PC Act, the SC took a broader view of the term 'public servant' to count deemed university as a public institution and its functionaries, including the trustees, as public servants.

Justice Ramana, writing the judgment for the bench, said, "There is no gainsaying that nations are built upon trust. In a democracy, one needs to rely on those with power and influence and to trust them of being transparent and fair. There is no doubt that any action which is driven by self-interest of these powerful individuals, rather than public interest, destroys that trust.

The Supreme court overturns Gujarat HC ruling that deemed universities do not come under under the purview of the anti-corruption law