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VIGILANCE MANUAL VOLUME III - AP Online

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910 DECISION -<br />

(504)<br />

(A) P.C. Act, 1988 — Sec. 13(1)(e)<br />

(B) Disproportionate assets — abetment by private<br />

persons<br />

Private persons liable under sec.109 IPC read with<br />

sec.13(1)(e) of P.C.Act, 1988.<br />

(C) P.C. Act, 1988 — Sec. 13(1)(e), Explanation<br />

(D) Disproportionate assets — income from<br />

known sources<br />

“Known sources of income” of public servant should<br />

be any lawful source and the receipt of such income<br />

should have been intimated in accordance with the<br />

provisions of law applicable.<br />

P.Nallammal vs. State,<br />

2000(1) SLJ SC 320<br />

Some of the former Ministers of the Tamil Nadu Government<br />

in the Ministry headed by the erstwhile Chief Minister Smt. Jayalalitha<br />

are being prosecuted before certain Special Courts for the offence,<br />

inter alia, under sec.13(1)(e) of the Prevention of Corruption Act,<br />

1988. The former speaker of the Tamil Nadu Legislative Assembly<br />

is also facing a similar charge. They are indicted on the premises<br />

that they were public servants during the relevant time and that each<br />

one has amassed wealth disproportionate to his/her known sources<br />

of income, for which he/she is unable to account. But in all such<br />

cases, some of their kith and kin are also being arraigned as coaccused<br />

to face the said offence read with sec.109 Indian Penal<br />

Code. Appellants herein are all those kith and kin who are now being<br />

proceeded against for the said offences in conjunction with the public<br />

servant concerned.<br />

The Supreme Court held that sec. 4 of the P.C. Act confers<br />

exclusive jurisdiction to Special Judges appointed under the P.C. Act<br />

504

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