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1998 Supreme(SC) 619

S.S.M.QUADRI, M.SRINIVASAN
Nar Bahadur Bhandari – Appellant
Versus
State Of Sikkim – Respondent


Judgment

Srinivasan, J.-Leave granted.

The common question in these petitions relates to the competence of Special Judge (P.C. Act) Sikkim to try the cases registered against the petitioners herein under Sections 5(2) read with Section 5(1)(e) of the Prevention of Corruption Act, 1947 corresponding to Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988. The petitioner in S.L.Ps 146-148 of 1998 is the third respondent in S.L.Ps. 149-150 of 1998 and the petitioner in the later petitions is the third respondent in S.L.Ps. 146-148. The petitioner in the earlier petitions was the Chief Minister of Sikkim and the petitioner in the later petitions was a Member of Indian Administrative Service (Sikkim cadre) working at the relevant time as a Secretary to the Rural Development Department, Government of Sikkim.

2. Cases were registered against the petitioners by C.B.I. on 26.5.84 and 7.8.84 under Section 5(2) read with Section 5(1)(e) and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947. On 7.1.87 the State of Sikkim issued a Notification withdrawing the consent given under Section 6 of the Delhi Special Police Estab­lishment Act, 1































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