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2015 Supreme(Ker) 739

A.MUHAMED MUSTAQUE
KARTHIKEYA VARMA @ KARTIK VARMA – Appellant
Versus
UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE MINISTRY OF LAW & JUSTICE OF THE UNION OF INDIA, NEW DELHI – Respondent


Advocates:
Advocate Appeared:
For the Appellants :SRI. DUSHYANT A.DAVE (SENIOR ADVOCATE), SRI. SUNIL NAIR PALAKKAT, SRI. K.N. ABHILASH, SMT. R. LEELA.
For the Respondents: SRI. N. NAGARESH, AS Govt. OF INDIA, SENIOR GOVERNMENT PLEADER SRI. C.S. MANILAL, SRI. JOHN K. GEORGE.

JUDGMENT

These batch of writ petitions are filed by the office bearers of the Kerala Cricket Association (hereinafter referred to as the "KCA") challenging registration of First Information Reports and investigation under the Prevention of Corruption Act, 1988. In one of the writ petitions, the petitioner has challenged the constitutional validity of Sections 2(v) and 2(c)(viii) of the Prevention of Corruption Act (for short, the "PC Act"). Since common issues are to be decided in all these writ petitions, these cases are disposed of by a common judgment.

2. The facts involved in each case, for the purpose of understanding the issues, are narrated separately.

3. W.P.(C).No.11822/2013 is filed by one Karthikeya Varma, an office bearer of KCA. KCA has decided to construct a stadium of International standard and purchased a land in Edakochi at Ernakulam. A complaint was filed before the Court of the Enquiry Commissioner & Special Judge, Thrissur by one Joy Kaitharath, alleging corruption in the purchase of the land, against the petitioner and a few others. The court vide order dated 7/7/2011 forwarded the complaint to the Director of Vigilance and Anti Corruption Bureau, Thiruvananthapur












































































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