Union Bank's Plea For Transfer Of Valmiki Corp Probe To CBI Not Maintainable: State To Karnataka HC, Order Reserved On Maintainability

The Karnataka government told the High Court on Monday (September 30) that the state Police has the power to investigate the case in the alleged scam pertaining to the Karnataka Maharshi Valmiki Scheduled Tribes Development Corporation Ltd, which cannot be interfered with by the central government. The submission was made, while the high court was hearing a plea filed by Union Bank of India seeking a direction to the government to transfer the probe being carried out in the alleged scam to the Central Bureau of Investigation (CBI). After hearing all the parties, a single judge bench of Justice M Nagaprasanna reserved its order on the maintainability of the bank's petition. While reserving its order, the high court orally said, “I will reserve on maintainability on two things—Whether it should be sent to Apex court under Article 131. Whether under Sec 35A of the Banking Regulation Act without touching upon the Delhi Special Police Act, the petition is maintainable seeking investigation by the Central Bureau of Investigation on the basis of the master circular issued by Reserve Bank of India.”During the hearing, senior advocate B V Acharya appearing for the state government said, “The power of investigating a case rests with the state police, it is a statutory power and it cannot be interfered with by the Central Government.”Raising a preliminary objection on the maintainability of the petition filed by the bank, he said that it was a dispute between the Central Government and State Government and only the Supreme Court has the jurisdiction to decide on the issue and not the High Court. Acharya further contended, “Investigation what we have done is not attacked by them (Bank). They don't say it is done without jurisdiction or tainted or unfair. Therefore, if the power of the state to investigate is not questioned, then the question is whether CBI has the requisite power.” He added that the “Master Circular issued by the RBI cannot confer power on CBI to register a case or investigate it". Further pointing to how the Central government was trying to take over the case, he said “Here the contention is raised by Union Bank of India, which is a constituent of the Central Government and is represented by the Attorney General”.Referring to the decision of the Apex court in State of West Bengal v. Union of India he said, “The crux of the matter is that the dispute is between Centre and State and it is to be decided by SC in regard to Article 131 of the constitution. High courts have no jurisdiction". Meanwhile Senior Advocate Professor Ravivarma Kumar appearing for the Corporation contended that the question before the court was "whether a river can rise above its source". He said, “Though it is deemed that CBI is a police station, it cannot investigate all crimes, it can only investigate those crimes which are notified”. “Here the issue that exists is about whether the right to investigate is that of the CBI or state government. The state government contention that this is covered by Article 131 of the Constitution is well founded. They (Bank) cannot come before this court and ask for transfer as it is a dispute between the State Government and CBI.Direction issued by RBI is not binding on the Central or State government. Section 35A of the Banking Regulation Act does not give any right to any person to seek CBI inquiry,” the senior counsel said. Attorney General (AG) R Venkataramani appearing for the petitioner bank had earlier told the court that the transfer is necessary to ensure that the integrity of the banking industry as a whole is maintained.He had previously said "We are not in the scope/domain of DSP Act. It is an act of 1940, Banking regulation came in 1949...There is a special legislation to mandate the functioning of a banking entity. When RBI finds that bank frauds require attention, RBI issues master circular under section 35A. It is not qualified by the DSP Act. State government would ordinarily yield for investigation by the CBI. But there are circumstances where the state will say what is the need for the CBI to investigate". For context Section 35A of the Banking Regulation Act pertains to the power of the Reserve Bank to give directions. The provision entails that the RBI may issue directions if it is satisfied that it needs to do so in "public interest" or "in the interest if banking policy" or "to prevent the affairs of any banking company being conducted in a manner detrimental to the interests of the depositors or prejudicial to the interests of the banking company" or "to secure the proper management of any banking company generally".Referring to Delhi Special Police (DSP) Act the AG had earlier said, "Today a banking institution occupies a core of economic discipline of a country; anything which impleads the fiscal disciplines will have a large impact and implications. Bank discharges wide range of function now. If RBI issues master circular to ensure integrity of bank. RBI says a...

Union Bank's Plea For Transfer Of Valmiki Corp Probe To CBI Not Maintainable: State To Karnataka HC, Order Reserved On Maintainability

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