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2020 Supreme(Ker) 50

A.HARIPRASAD, N.ANIL KUMAR
K. Karunanidhi, S/o. Krishnan – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.D.Kishore, Smt.Mini Gopinath
For the Respondent: Sri.Suman Chakravarthy, Senior Govt. Pleader

JUDGMENT :

Hariprasad, J.

Legal questions having profound and radical consequences commonly raised in these writ petitions are thus:

    (I) Whether the Vigilance and Anti Corruption Bureau (in short, "VACB") is a police force constituted under the State Government's legislative power conferred by List II of the 7th Schedule to the Constitution of India and do they have any lawful authority to register first information reports (FIR), investigate crimes, submit charge sheets and prosecute the alleged offenders?

(II) Whether the executive functionaries of the State Government have power to create a Vigilance Department without any statutory support?

(III) Does the exercise of such powers infringe the fundamental rights of citizens, enshrined in Part III of the Constitution of India, especially the one under Article 21?

(IV) Whether Rule 4 of the Kerala Civil Services (Vigilance Tribunal) Rules, 1960 is ultra vires of the Constitution?

2. Petitioners are the accused in two separate cases registered under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short, “PC Act”). Exts.P1 and P2, in both the writ petitions, are the first information reports and f

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