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2022 Supreme(Kar) 216

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


Advocates:
Advocate Appeared:
For the Appellant :SRI RAVI B. NAIK, FOR SRI K.B. MONESH KUMAR, SRI BASAVARAJ S., SENIOR COUNSEL FOR SRI GOWTHAM A. R., ADVOCATE, SRI M.S. BHAGWAT SENIOR COUNSEL A/W SRI SATISH K., ADVOCATE, SRI SHARATH S. GOWDA, ADVOCATE, SRI D.L. JAGADEESH, A/W SMT. RAKSHITHA D. J., SRI C. V. SUDHINDRA, ADVOCATE
For the Respondent:SRI V. LAKSHMINARAYANA, SRI PRABHULING K. NAVADGI, A/W SRI V. SREENIDHI, SRI KIRAN KUMAR, SRI MANMOHAN P.N., SRI ASHOK HARANAHALLI, COUNSEL FOR SRI B.S. PRASAD, ADVOCATE

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 By Annexure-G notification, the Government of Karnataka has superseded the Notification No.HD 286 PEG 90 dated 6.2.1991 with immediate effect.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provisions of the PC Act by the Police Wing of the Karnataka Lokayukta as prescribed under section 17 of the PC Act, is superseded.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

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