Assets Case Against Ex-MLA Quashed

Published: 15th October 2014 06:01 AM  |   Last Updated: 15th October 2014 06:01 AM   |  A+A-

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.

Stay up to date on all the latest Bengaluru news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp