Friday, February 3, 2023

Supreme Court dismisses plea filed challenging Karnataka High Court order to abolish the Anti-Corruption Bureau in state

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The Supreme Court on Monday dismissed the plea filed by the private complainants challenging the order by the Karnataka High Court that abolished the Anti-Corruption Bureau (ACB) established by the State government in 2016.

The Karnataka High Court on August 11 abolished the ACB, stating that it was established by the State government in a bid to shield corrupt politicians, ministers and officers from the watchful eyes of the Lokayukta.

A Bench of Justice DY Chandrachud and Justice Hima Kohli questioned the petitioners as to why are they aggrieved when the High Court had stated that the cases pending would be transferred to the Karnataka Lokayukta.

The Court clearly mentioned that the Karnataka High Court said that the powers will remain with the Lokayukta…We will not interfere.

One of the petitioners Counsel replied that the Lokayukta did not have the power to investigate all the cases that the ACB could. The counsel stated that the Lokayukta cannot probe cases where the accused public servant may be earning less than ₹20,000 per month.

The Court said that such petitions amounted to proxy litigation that it was inclined to dismiss.

Further, when counsel for Karnataka Police Mahasangha asked to intervene, the Court remarked that it would not entertain officers of the State appearing through such a body. It said that it would only deal with the matter if an aggrieved person approached the Court.

The Supreme Court said you just want to make money, by having complaints come before…You people are officers of the State, can’t appear through Mahasangh. We’ll not entertain. Let an aggrieved person come then we’ll deal with it. Not this Mahasangh business…dismissed

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