BANGALORE : The High Court on Tuesday quashed proceedings against former MLA (BJP) M Srinivas as mandatory sanction was not obtained from the competent authority before initiating prosecution.
As per the case, a disproportionate assets complaint against Srinivas, his son and relatives, who were also in politics, was filed in a magistrate court in 2012. Taking cognizance of the private complaint, the court ordered Lokayukta police to lodge a case.
While the report of investigation was yet to be filed, the MLA moved the HC in 2012 seeking quashing of the proceedings. He argued that as per an apex court ruling, the complainant should have taken sanction from the competent authority before initiating the case. In the absence of the sanction, the complaint is not maintainable, he said.
After hearing both sides, the HC concluded that to prosecute a sitting public official, sanction from the competent authority is mandatory under the Prevention of Corruption Act. “If there were to be an interpretation of the said provision, it would open the floodgates for people to lodge private complaints before the courts without sanction,” the court observed while applying the rule set by apex court. The HC, however, gave liberty to the complainant to file a complaint with the sanction order of the competent authority.
Notice to Govt
A division bench headed by the Chief Justice has issued notice to the government on a PIL seeking action against officials over the drowning of children during flash floods in the city. The petitioners have sought an inquiry against the officer responsible for the recent deaths of two children, who died after drowing in rain-related incidents.
They alleged that the Urban Development Department and the BBMP failed to cover the open drains and manholes. The Chief Justice suggested that the petitioner and the government should explore the possibilities of automatically initiating criminal proceedings against the officials concerned in the event of such incidents.
Bail Plea of 2 Rape Accused Rejected
The bail petition of Lal Giri and Waseem Pasha, accused in the alleged rape of a six-year-old Vibgyor High student, was rejected by the First Additional City Civil and Sessions Court on Tuesday.
After hearing the bail petition, the judge observed that the investigation was still in progress and a chargesheet had not been filed. If the accused are granted bail, there are chances of they influencing witnesses or tampering with evidence, the judge said. Considering the seriousness of the case, bail cannot be granted to them, the judge stated and dismissed the bail pleas.
Waseem Pasha (28), a gym instructor in Vibgyor High, and Lal Giri, the security guard of the school, are currently lodged in the Central Prison at Parappanna Agrahara.