Supreme Court acquits two Gujarat govt employees in Rs 20 bribery case after 30-year legal battle

A corruption case involving an alleged bribe of just Rs 20 has ended nearly three decades after it began, with the Supreme Court acquitting two Gujarat government employees and setting aside their convictions. A bench of Justices Ujjal Bhuyan and Atul S Chandurkar held that the prosecution had failed to establish the essential requirement that a bribe had actually been demanded. The mere recovery of Rs 20 from one of the accused, the court found, was insufficient to sustain a conviction under the Prevention of Corruption Act. The case dated back to February 1996 and involved a clerk and a peon working at a government office in Gujarat.

Case began with income certificate

The proceedings arose from an application by a student for an income certificate required for educational purposes. According to the prosecution, the clerk allegedly demanded Rs 100 for processing and issuing the certificate, while the peon sought another Rs 20.

The student approached the Anti-Corruption Bureau, following which officials organised a trap. Currency notes intended for the alleged payment were marked and the complainant was instructed to hand over the entire Rs 120 if the demand was repeated. After the income certificate was issued, Rs 20 was handed to the peon and the marked notes were subsequently recovered from him. The prosecution relied heavily on that recovery to establish the corruption charge.

The remaining Rs 100, however, was never recovered from the clerk — a circumstance that eventually became significant when the evidence was examined by the Supreme Court.

SC finds gaps in prosecution case

The apex court found inconsistencies in the prosecution's version of events and concluded that there was insufficient evidence to prove the alleged demand beyond reasonable doubt.

The bench emphasised the distinction between recovery of money and proof that the money was demanded and accepted as an illegal gratification.

In corruption cases, establishing the demand for a bribe is a crucial element of the offence. The Supreme Court found that this foundational requirement had not been satisfactorily proved in the case.

The court consequently held that the recovery of the Rs 20 marked notes from the peon could not, by itself, establish his guilt. The defence had disputed the prosecution's interpretation of the payment and offered an alternative explanation for why the peon had received the money. After considering the circumstances surrounding the transaction, the bench found sufficient doubt to rule in favour of the accused.

Legal presumption not automatic

The Supreme Court also examined the application of Section 20 of the Prevention of Corruption Act, which allows a legal presumption regarding illegal gratification in certain circumstances. The bench held that such a presumption could not substitute for the prosecution's obligation to first establish the foundational facts surrounding the alleged bribe.

Where the demand itself had not been proved, recovery of currency alone could not automatically lead to the conclusion that the money constituted a bribe. The finding ultimately proved decisive for the peon, from whom the Rs 20 had been recovered.

Prosecution sanction against clerk invalid

The Supreme Court identified another defect in the case against the clerk. It found that the sanction permitting his prosecution had been issued by an authority that was not competent to grant it. The sanction was therefore held to be invalid. A valid sanction is a statutory requirement for prosecuting certain public servants under anti-corruption law, intended to ensure that criminal proceedings against government employees are initiated with appropriate administrative approval. The defect further weakened the prosecution's case against the clerk.

Three decades of litigation end

The two employees had earlier been convicted in the case, and their challenge eventually reached the Gujarat High Court. After failing to obtain relief there, they approached the Supreme Court, bringing the dispute over the 1996 incident before the country's highest court. On Wednesday, the apex court overturned the previous judgments and acquitted both employees.

The ruling brings to an end an extraordinary legal journey in which an allegation involving Rs 20 remained before the criminal justice system for nearly 30 years. Beyond the unusually small amount at the centre of the case, the judgment reiterates an established principle in corruption prosecutions: recovery of allegedly tainted money is an important piece of evidence, but it cannot replace proof of the demand and acceptance that constitute the foundation of a bribery charge.