Justice John Michael Cunha explains the importance of 'Prevention of Corruption Act 1998'

New Delhi, May 19: Justice Micheal Cunha, who as a district judge had convicted former Tamil Nadu Chief Minister J Jayalalithaa in a disproportionate assets case in 2014, and retired from service earlier this year held a video conference to discuss about the Prevention of Corruption Act 1998.

Justice Cunha had disposed of 216 cases, arising from the Special Court set up to deal with criminal cases against MPs and MLAs in Karnataka, within a short span of time.

To quote a few recent major judgments, Justice Cunha declined relief to Chief Minister BS Yediyurappa in land denotification cases, he granted relief to IPS officer Hemant Nimbalkar in the IMA ponzi case, and KPCC president DK Shivakumar in cases registered by the Income Tax department for evasion of tax.

Addressing the media, Justice Micheal Cunha said, "The Prevention of Corruption Act came into force on September 9, 1998. It extends to the whole of India, except the State of Jammu and Kashmir and it applies also to all citizens of India outside India."

Pointing out at Section 17A, in Lalitha Kumari case, Justice Cunha said, "No police officer shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval."

He further went on to talk about "Gratification, Legal remuneration and A motive or reward for doing" where he said that a person who receives a gratification as a motive or reward for doing what he does not intend or is not in a position to do, or has not done, comes within this expression.

Reacting to a question about cases pending under 1988 Act, Justice Cunha said, "The law has been made to find what is right or wrong. Unless its proven, there is no take on any cases. The purpose of this is to connect with the office."

The former judge, who hailed from Mangalore, had began as a lawyer in 1985 and was selected to the post of district judge in 2002. He had served as a district judge in several districts, including judge of the Special Court for Jayalalithaa case.

He had also served as Secretary to Chief Justices, Registrar-General and Registrar (Vigilance) of the High Court prior to his elevation as a judge of High Court on November 14, 2016.