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'ACB Failed To Consider Public Interest': Karnataka High Court "Compelled" To Monitor Bribery Case Involving Ex-Deputy Commissioner Of Bengaluru Urban
Mustafa Plumber
8 July 2022 4:30 AM GMT
The Karnataka High Court on Thursday said that it would monitor the probe by Anti Corruption Bureau (ACB) into a bribery case involving former Deputy Commissioner of Bengaluru (Urban) as the ACB has failed to take any action in the matter despite having ample materials against him.A single judge bench of Justice HP Sandesh observed,"Having taken note of the conduct of ACB in not registering...
The Karnataka High Court on Thursday said that it would monitor the probe by Anti Corruption Bureau (ACB) into a bribery case involving former Deputy Commissioner of Bengaluru (Urban) as the ACB has failed to take any action in the matter despite having ample materials against him.
A single judge bench of Justice HP Sandesh observed,
"Having taken note of the conduct of ACB in not registering case against DC, even though ample material before ACB, this court has observed that (ACB is) only registering case against clerk and subordinate officials of DC office...If the investigating agency failed to consider the public interest which is the sole consideration, the Constitutional courts can monitor the investigation if the circumstance compels it to do so."
The bench also expressed displeasure at the agency for not stating "true facts" regarding the 'B-reports' filed by it since its constitution. It noted details of certain cases in which the B report was filed when the accused was arrested red handed while accepting bribe. It observed,
"These are glaring examples of how ACB is working and not furnishing a true report. Two occasions ACB counsel gave undertaking but did not come up with a report."
Accordingly, it directed the Registrar General (Judicial) to get details of the number of B-reports filed by the Bureau in the trial courts across the State, since its inception and submit it to the court by Monday– July 11.
The development ensued in a bail application filed by one accused PS Mahesh, a deputy Tashildar arrested for allegedly accepting a bribe of Rs. 5 lakh in connection with giving a favourable order from the DC office on a land dispute case.
When the matter was heard earlier on Monday, Justice Sandesh made a sensational revelation that he was given an indirect threat of transfer if he continued to monitor the progress of investigation in this case.
Karnataka HC Judge Says He Was Threatened With Transfer For Slamming ACB Investigation
"I am going to protect the independence of the judiciary at the cost of my judgeship," he said, refusing to give in.
On Thursday, the bench pulled up the Additional Director General of Police (ACB) for his inaction despite material on record and expressed that he was not working enthusiastically for the institution he represented.
It noted that search warrants were obtained but not executed. Further, B reports were filed against the person trapped while accepting the bribe amount. In this backdrop, it observed,
When such being the case of investigating agency and person at the helm of affair at the institution, the Court said it is compelled to monitor the investigation in order to find out the truth, and to prevent corruption in society.
"Without any other option this court in the interest of general public, since general public are facing difficulties in the departments, without bribing the officers from the below rank to top rank, are facing problems everyday and hence this court in the interest of public which is the sole consideration and court can monitor the investigations only when circumstance compel to do so."
The court also directed Central Bureau of Investigation to submit a report in respect of the investigation carried out against officers involved in the alleged illegal mining of 2012, wherein the present ADGP Seemanth Kumar Singh, was posted as Superintendent of Police, Bellary district. The court said if the same is not furnished the Superintendent of CBI shall remain present before the court.
As per ACB report submitted to the court, in 99 Cases, B report has been filed. In the year 2022, as per report, no B reports were filed and in the year 2021, in 2 cases, B report was filed.
All search warrants obtained are executed, except 28 warrants.
Case Title: MAHESH PS v. STATE OF KARNATAKA
Case No: CRL.P 4909/2022
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