In a strong message against corruption in public service, a special Anti-Corruption Bureau (ACB) court on Thursday sentenced former Assistant Commissioner of GST, Ashok Nayak, to five years' simple imprisonment in a high-value bribery and criminal conspiracy case. The court emphasised that Nayak's conduct "does not deserve any leniency," despite his age and cardiac ailments.
Special Judge A. V. Kharkar, presiding over the ACB court, convicted Nayak under the Prevention of Corruption Act as well as Section 120B of the Indian Penal Code for criminal conspiracy. The court also imposed a Rs 1 lakh fine on the former official.
Case Origin: Rs 12 Crore Bribe Demand to 'Settle' ED Inquiry
The case dates back to May 2017, when a city-based bar and restaurant owner filed a complaint alleging that the then Assistant Commissioner of Central Excise demanded an astronomical Rs 12 crore bribe. Nayak allegedly claimed he could "settle" an Enforcement Directorate (ED) matter by leveraging his influence with a senior bureaucrat in the Prime Minister's Office.
According to the complaint, Nayak threatened that if 25-30% of the bribe was not paid within one or two days, the businessman could be arrested by the ED. The bribe demand was later negotiated down to Rs 10 crore.
ACB Trap: Officer Caught Accepting Rs 1.25 Crore
Acting on the complaint, the ACB set up a trap and caught Nayak red-handed while accepting the first instalment of Rs 1.25 crore. The prosecution maintained that the accused had demanded illegal gratification, promised to influence an unknown public servant, and willingly accepted bribe money.
During the trial, the court noted that the evidence "established beyond doubt" that Nayak engaged in corruption for personal gain, violating the trust placed in him as a public servant.
Court's Observations: Public Trust Violated
In a strongly worded judgment, the Special Judge said a public servant is expected to "devote sincere attention towards his duties and perform them honestly," and Nayak's act represented a serious breach of public trust. The court held that such conduct did not merit leniency.
However, taking into account Nayak's advanced age and cardiac issues, the court opted for simple imprisonment instead of rigorous imprisonment.
Significance of the Verdict
The conviction reinforces the judiciary's firm stance on corruption among revenue and enforcement officials, especially involving large-scale bribery linked to ED investigations. It also underlines the growing role of ACB traps in exposing high-level corruption within tax and excise departments.
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