Review Aiyappa ruling: Advocates

Advocates’ associations in the city on Thursday initiated a signature campaign to request that the Chief Justice of India reconsider the apex court’s recent ruling in the case involving former Bangalore deputy commissioner M K Aiyappa

Published: 04th October 2013 08:56 AM  |   Last Updated: 04th October 2013 08:56 AM   |  A+A-

Advocates’ associations in the city on Thursday initiated a signature campaign to request that the Chief Justice of India reconsider the apex court’s recent ruling in the case involving former Bangalore deputy commissioner M K Aiyappa. The Supreme Court had, on October 1, held that the government’s sanction was prerequisite before a court ordered investigation against a public servant on a private citizen’s complaint under section 156 (3) of the Criminal Procedure Code.

Senior Supreme Court counsel K V Dhananjay told Express that the initiative was taken since the only force that was still keeping corruption in check was the private citizen, through private complaints.

“I knew that I had to respectfully inform the Supreme Court of the mistake it just committed. Involving advocates is the best way to let the SC know that this judgment requires immediate reconsideration. So, I drafted a note and then spoke to advocate groups across India,” he said.

B N Jagadeesha, who has represented many private complainants before the Lokayukta court, noted that by virtue of this order, the public would have no forum to lodge private complaints against corrupt government servants. He referred to another SC order, which observed that people cannot seek private information about a public servant under the Right to Information Act. After this order, the Lokayukta office refused to give details of assets and liabilities filed by public representatives, citing this judgment.

“Major cases of corruption in the State were mooted by people through private complaints,” he said.

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