Point of Law: Object of PC Act is to consolidate and amend law relating to prevention of corruption and matter connected thereto, thereby strengthening of Lokayukta and Upa-Lokayukta is inevitable and “it is high time to say goodbye to ACB”, to strengthen institution of Lokayukta, which is functioning under provisions of KL Act.

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 By Annexure-G notification, the Government of Karnataka has superseded the Notification No.HD 286 PEG 90 dated 6.2.1991 with immediate effect.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provisions of the PC Act by the Police Wing of the Karnataka Lokayukta as prescribed under section 17 of the PC Act, is superseded.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, the Government of Karnataka, in exercise of the powers under the provisions of Clause (s) of Section 2 of the Code of Criminal Procedure, declared that the office of the ADGP, Anti Corruption Bureau, Bengaluru as Police Station having jurisdiction for the whole of the State of Karnataka. By Annexure-J notification, the Government of Karnataka, in exercise of the powers under the provisions of Clause (s) of Section 2 of the Code of Criminal Procedure, has superseded the Notifications NO.HD 292 PEG 2000, dated 8.5.2002 and HD 324 PEG 2002, dated 5.12.2002 with immediate effect. With this notification, the office of the ADGP, Lokayukta would no longer have the effect of that of a Police Station.

3. It is the case of the petitioner/Advocates association that the Association was registered under the provisions of the Karnataka Cooperative Societies Act to cater to the needs and necessities of the Advocates fraternity and office bearers are elected by the enrolled and practicing Lawyers, who are further enrolled as members of the Advocates Association. The petitioner Association has been keenly interested and is actively concerned with the problems of the common man and has actively voiced in various forums and platforms. It is further case of the petitioner that prior to the Karnataka Lokayukta Act,1984 (‘KL Act’ for short) came into force, there used to be a Vigilance Commission to look into the grievances of the people. That in view of more effectively ensuring better administrative action, check the omissions and commissions, cater to the common man, the State Legislature in its endeavour to clean the Augean stables, was pleased to enact KL Act which was intended to be a pro people Act as a self contained mechanism through which the grievances of the people of the State can get effective redressal as also the mischief of the erstwhile Vigilance Commission could also be cured.

4. The Provisions of Section 3 of the KL Act regulates the method of appointment of Lokayukta and Upa-Lokayukta. A person to be appointed as the Lokayukta shall be a person who has held the office of a Judge of the Supreme Court or that of the Chief Justice of a High Court or a person who has held the office of a Judge of a High Court for not less than ten years and a person to be appointed as a Upa-Lokayukta shall be a person who has held the office of a Judge of a High Court for not less than five years. There would be sufficient number of officers to ensure the effective functioning of the Institution. The State of Karnataka has framed rules for recruitment of the staff in the Lokayukta called Karnataka Lokayukta (Cadre, Recruitment and conditions of service of the officers and employees) Rules, 1988. Rule 3 thereof provides for the strength and composition of the staff of the Lok