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The Delhi High Court on Monday refused to entertain a plea seeking direction to the Centre to ascertain the feasibility of confiscating 100% black money and benami property in cases relating to disproportionate assets, money laundering, human and drug trafficking. The plea also sought to award life imprisonment to such offenders. 

A Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed that a similar plea had been filed by the petitioner, Advocate Ashwini Kumar Upadhyay, before the Supreme Court. The Supreme Court had directed him to make a representation before the Law Commission. 

"Incase the Supreme Court had said that you go to the High Court, we would have heard you", remarked the Chief Justice. "But if there is a specific order directing you to go to the Law Commission.... no. Very sorry," he added.

The Bench thus declined to hear the petitioner. 

The plea sought direction for constitution of an expert committee or direction to the Law Commission to examine the stringent anti corruption laws of developed countries relating to bribery, bean property, tax evasion, disproportionate assets, etc.

The petitioner stated that the total budget of the Centre, States and Local Bodies is 70 Lakh crores but due to massive corruption in every public department, around 20% thereof becomes black money. He claimed that the government can save a large amount of money by recalling current above Rs.100, restricting cash transactions above Rs.5000, linking assets above Rs.50,000 with AADHAAR, confiscating 100% disproportionate assets, black money , benami property and awarding life imprisonment to looters.  

"Injury caused to people is large because corruption is an insidious place, having wide range of corrosive effects on society. Due to very weak anti corruption laws, India ranked 85 in Corruption Perception Index 2021", argued the petitioner.

Cause Title - Ashwini Kumar Upadhyay v Union of India & Ors.