Niyam v2 is live — start for just ₹100 — 200 credits to try

july 1991

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.

K. VEERASWAMI vs UNION OF INDIA AND OTHERS · Niyam