The Madurai Bench of the Madras High Court clarified that the Prevention of Corruption Act, 1988, aims not only to punish those found guilty of corrupt practices but also to prevent the fruits of such conduct from being enjoyed or disposed of by the perpetrators.
Justice B. Pugalendhi emphasized that attaching properties acquired through corrupt means or that are disproportionate to known sources of income is a crucial part of this objective. She stated that corruption and related practices must be treated more seriously than any other offence.
The Court further held that mandatory attachment and confiscation are essential to combat the vice of corruption, which affects all sectors of society. It urged that the Prevention of Corruption Act be amended to make the attachment of suspected corrupt assets compulsory, ensuring that such measures are not merely theoretical.
The High Court concluded that only strong, deterrent provisions can enable the government to effectively attach properties and instill fear in officials who hold assets obtained through corruption. It called on the government to introduce suitable amendments to the Act so that these provisions carry real deterrent effect rather than remaining on paper.
