Corrupt Public Servants Are Anti-Nationals Undermining the Constitution: Madras High Court

In a notable judicial observation regarding administrative integrity, the Madras High Court emphasized that public servants and judicial officers who engage in corruption act as anti-nationals, stating that systemic bribery undermines the rule of law and obstructs national development.

Hearing a petition filed by a suspended public servant, Justice S.M. Subramaniam observed that corruption within public administration and the judiciary poses a direct threat to the constitutional framework, creating barriers to socio-economic progress comparable to anti-social activities. The court noted that when public duty is compromised for personal gain, the fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India are severely impaired.

Highlighting the widespread prevalence of bribery across various levels of governance, the High Court detailed several critical areas where corrupt practices undermine democratic principles and public trust:

• Obstruction of National Progress: Corrupt officials who siphon public funds and delay developmental projects act as economic impediments, creating structural hurdles similar to external security threats.
• Exploitation in Public and Educational Institutions: The court expressed deep concern over reports of corrupt practices and harassment in government offices and educational centers, where citizens are forced to navigate systemic hurdles to access basic rights.
• Pervasiveness of Daily Extortion: Justice Subramaniam pointed out the tragic reality where citizens face demands for bribes at every stage of life, extending even to basic public services such as obtaining death certificates or performing last rites at burial grounds.
• Electoral Corruption and Subversion of Law: The judge remarked that political bribery during elections undermines democratic representation, as candidate vote-buying compromises the integrity of lawmaking bodies.

Addressing procedural safeguards for citizens fighting corruption, the court highlighted key legal provisions governing evidence collection and administrative oversight. The judgment emphasized compliance with Supreme Court directives requiring mandatory CCTV and audio recording installations in police stations to ensure transparency.

Under existing evidentiary rules, CCTV footage must be preserved for a minimum of 18 months to 1 year, and citizens can file applications under Section 91 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)—formerly Section 91 of the Code of Criminal Procedure (CrPC)—to request such video records for judicial review. Furthermore, the court noted that intentional deletion or tampering of digital evidence by officials constitutes a punishable offense under Section 238 of the BNSS (formerly Section 201 of the IPC), while deleted digital evidence can be retrieved through Forensic Science Laboratory (FSL) investigation.