Supreme Court of India · 1991-07-25
K. VEERASWAMI vs UNION OF INDIA AND OTHERS
- Citation / case number
- SC 1979/62813
- Court
- Supreme Court of India
- Petitioner
- K. VEERASWAMI
- Respondent
- UNION OF INDIA AND OTHERS
- Author
- RAY, B.C. ,SHETTY, K. ,SHARMA, L.M. ,VENKATACHALLIAH, M.N. ,VERMA, JAGDISH SARAN
- Bench
- RAY, B.C. ,SHETTY, K.J. ,SHARMA, L.M. ,VENKATACHALLIAH, M.N. ,VERMA, JAGDISH SARAN
Judgment text excerpt
The Supreme Court addressed the applicability of the Prevention of Corruption Act, 1947, specifically Sections 5(1)(e) and 5(2), to a former Chief Justice accused of possessing disproportionate assets. The Court held that prior sanction is not required for prosecuting a retired judge under the Act, affirming that judges are public servants under Section 2 of the Act. The Court clarified that the independence of the judiciary is not compromised by such prosecutions, and the burden of proof regarding disproportionate assets lies with the accused as per Section 106 of the Evidence Act, 1872.