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S. H. KAPADIA, AFTAB ALAM, SWATANTER KUMAR
Samaj Parivartan Samudaya – Appellant
Versus
State of Karnataka – Respondent
ORDER
Swatanter Kumar, J.
1. By this order we will deal with and dispose of, the recommendations made by the Central Empowered Committee (for short, ‘CEC’) in its report dated 20th April, 2012. Since we have heard the affected parties, the petitioners and the learned Amicus Curiae, we shall summarize the contentions of the learned counsel for the respective parties. The learned counsel appearing for the affected parties contended:
a. CEC has submitted its report without providing them an opportunity of being heard.
b. CEC has exceeded its jurisdiction and enlarged the scope of the enquiry beyond the reference made by the Court. Thus, the Court should not accept any of the recommendations made by the CEC.
c. In relation to the alleged irregularities and illegalities pointed out in the report of the CEC, even where criminality is involved or criminal offences are suspected, the matters are sub judice before the Court of competent jurisdiction. Thus, this Court should not pass any orders for transferring the investigation of such offences to the Central Bureau of Investigation (for short ‘CBI’) as it would seriously prejudice their interests.
2. In order to deal with these contentions, it i
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