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Supreme Court of India 2020-04-27 allowed

State of Gujarat vs Mansukhbhai Kanjibhai Shah

Bench: 3 — N.V. Ramana, Mohan M. Shantanagoudar, Ajay Rastogi

In Brief

A trustee of a charitable trust sponsoring a deemed-to-be university was prosecuted for allegedly demanding Rs 20 lakhs from a student's parents to allow examination completion. The High Court discharged him, holding he was not a public servant. The Supreme Court reversed this, holding that deemed universities fall within the PC Act's definition of 'university', and their officials performing educational functions qualify as public servants under Section 2(c)(xi). The Court stressed that the PC Act must be interpreted purposively to combat corruption, that deemed and statutory universities serve identical public educational functions, and that grave suspicion justifies trial, remitting the case for expeditious proceedings.

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Criminal Law Anti-Corruption Law Prevention of Corruption Act Public Servants Statutory Interpretation Criminal Procedure Higher Education University Regulation

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