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1991 Supreme(Guj) 151

R.K.ABICHANDANI, G.N.RAY
RAJENDRA MANUBHAI PATEL – Appellant
Versus
STATE – Respondent


Advocates Appeared: D.K.TRIVEDI, G.N.DESAI, J.M.THAKAR, K.S.NANAVATI

ABICHANDANI, J.

( 1 ) ). These four petitions raise common questions of facts and law and are being dealt with and disposed of together at the instance of the learned Counsel of the parties.

( 2 ) ). The petitioners, in all these matters, have sought to challenge the action of the Lokayukta in summoning them to remain present as witnesses along with documents mentioned in the summons on the ground that they cannot be so summoned without being disclosed the identity of the complainant, the public functionaries involved and the nature of allegations made against such public functionaries. The petitioners have also challenged the legislative competence of the State Legislature in enacting the Gujarat Lokayukta Act, 1986 as also the provisions of Sec. 11 read with Sees. 2 (2), 15, 16 and 18 of the said Act as ultra vires the Constitution. It is also contended that, if the provisions of Sec. 10 (2) of the said Act are so construed as to bar the disclosure of the identity of the complainant and the public functionary to the witness who is to be called then the provision must be struck down as unconstitutional.

( 3 ) ). The Registrar of the Lokayukta issued summons on the petitioner, rajen















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