Prevention of Corruption Act: India

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Applicability of the Act

Universities, deemed; their trustees

Dhananjay Mahapatra, Deemed univs & their trustees come under graft act: SC, April 29, 2020: The Times of India

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,” a bench of Justices N V Ramana and M M Shantanagoudar ruled while deciding a graft case relating to a trustee of Sumandeep Charitable Trust, which runs a deemed university ‘Sumandeep Vidyapeeth’.

Setting aside the Gujarat HC 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.