B. VEERAPPA, K. S. HEMALEKHA
Chidananda Urs B. G. , S/o Late B. C. Gopalaraj Urs – Appellant
Versus
State Of Karnataka, Represented By Its Secretary – Respondent
ORDER :
W.P Nos.19386/2016, 21468/2016, 22370/2016 and 23622/2016 are filed in public interest and the other writ petitions are filed by the individual persons in their personal interest. Now, we shall go through the facts of each of the writ petitions in seriatim.
I. Brief facts of the case
(a) Writ Petition No.21468/2016 (PIL) by AAB:
2. This writ petition is filed by the Advocates Association, Bengaluru in public interest for a writ of certiorari to quash the notifications dated 19.3.2016 vide Annexures – F, G, H and J. By Annexure-F notification, the Government of Karnataka authorized all the Deputy Superintendents of Police, office of the Anti Corruption Bureau (‘ACB’ for short) for the purpose of investigation in consonance with the provisions of Section 17 of the Prevention of Corruption Act (‘PC Act’ for short). By Annexure-G notification, the Government of Karnataka has superseded the Notification No.HD 286 PEG 90 dated 6.2.1991 with immediate effect. This would mean that the power to investigate any offence under the provisions of the PC Act by the Police Wing of the Karnataka Lokayukta as prescribed under section 17 of the PC Act, is superseded. By Annexure-H notification, t
Chandrashekaraiah v. Janekere C. Krishna, (2013)3 SCC 117 (paragraphs 20
Bishambhar Dayal Chandra Mohan vs. State Of Uttar Pradesh & Ors [(1982)1 SCC 39] (paragraph No.27)
B.N.Nagarajan & others vs. State of Mysore & others [AIR 1966 SC 1942] (paragraph No.5)
Common Cause: A Registered Society vs. Union of India reported in (2017)7 SCC 158
C. Rangaswamaiah and others -vs-Karnataka Lokayukta and others
C.Rangaswamaiah & others vs. Karnataka Lokayukta & others [(1998) 6 SCC 66]: (paragraph No.24)
Dr. Subramanian Swamy vs. Director, Central Bureau of Investigation & another
Dr. Subramanian Swamy v. Director, CBI & Another
Dr. D.C. Wadhwa & Ors vs State Of Bihar & Ors [1987(1) SCC 378] (Paragraph No.7)
I.T.C. Bhadrachalam Paperboards vs. Mandal Revenue Officer, AP
Institution of A.P. Lokayukta Upa-Lokayukta & Others v. T. Rama Subba Reddy & Another
Justice K.P.Mohapatra vs. Sri Ram Chandra Nayak & others
Justice Chandrashekaraiah (Retired) vs. Janekere C.Krishna & others reported in (2013)3 SCC 117
Justice Chandrahekaraiah (Retd.) -vs- Janekere C. Krishna and others
K.T.M.S. MOHD -VS-UNION OF INDIA reported in (1992)3 SCC 178 (paragraph-23).
M.C. Mehta (Taj Corridor Scam) -vs-Union of India and others reported in (2007)1 SCC 110 (paras 24
Mithilesh Kumar Singh -vs-State of Rajasthan and Others reported in (2015)9 SCC 795 (paragraph-6)
Municipal Council, Neemuch v. Mahadeo Real Estate, (2019)10 SCC 738
Northern India Caterers (P) Ltd. v. State of Punjab
Nagendra Nath Bora v. Commr. of Hills Division and Appeals [AIR 1958 SC 398]
Rakesh Kumar Paul -vs-State of Assam reported in (2017) 15 SCC 67 (paragraph-26);
R. Sarala -vs-T.S. Velu and Others reported in (2000) 4 SCC 459 (paragraphs-11 to 15
State of M.P. –vs-Ajay Singh and others
State of Madhya Pradesh -vs-Virender Kumar Tripathi
State of Gujarat and another –vs-Justice R.A. Mehta (Retired) and others
State of Gujarat & others vs. State of Gujarat & others [(2010) 12 SCC 254]
State of Bihar v. J.A.C. Saldanha
Subramanian Swamy –vs-Manmohan Singh
State Of Sikkim vs Dorjee Tshering Bhutia And Ors [1991(4) SCC 243 (paragraphs 14 & 15)
Vineet Narain v. Union of India
Vineet Narain -vs-Union of India reported in (1998)1 SCC 226
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