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2008 Supreme(MP) 415

PRAKASH SHRIVASTAVA, DIPAK MISRA
Anil Bansal – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates:
Manikant Sharma for petitioner;
Jayant Nikhra for respondent No.1;
V.K. Tankha with Naman Nagrath and H.K. Upadhyaya for respondent No.2.

ORDER

Misra, J... 1. The petitioner describing himself a social activist, as pro bono publico, has preferred this public interest litigation averring that the respondent No.2, the Minister, Department of Revenue, has purchased large chunk of immovable properties after being elected to the Member of Legislative Assembly in the year 2003 and the sale-deeds have been executed after the election and that apart, he has also purchased number of properties in the names of his son and other relatives on many a guise. It is contended that he is a public servant under the provisions of the Prevention of Corruption Act, 1988 (for brevity "the Act") and hence, the Central Bureau of Investigation be commanded to hold an enquiry regarding acquisition of disproportionate assets by abusing the official position and to proceed against him as per law.

2. The facts which are essential to be adumbrated are that the election to the Members of Legislative Assembly was held in the year 2003 and the respondent No.2 after being elected was appointed as the Minister of State, Department of Revenue. At the time of filing of nomination from the respondent No.2 had submitted an affidavit containing the details o



















































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