The High Court of Karnataka on this Thursday has directed the Anti-Corruption Bureau to file the proper information as Justice H.P. Sundesh was not satisfied with the information that was presented in front of the court. After ruling out this decision Justice Sundesh was threatened with a transfer. But in reply Justice Sundesh has stated, he cannot that easily feared with this kind of threats. In the bench led by Justice H.P. Sundesh in the Bengaluru DC office bribery case, the information filed by the Anti-Corruption Bureau was not satisfactory.
Justice Sundesh has directed the ACB to file a proper B-report with correct information and has ordered the Judicial registrar to acquire the reports. The reports that were submitted in front of the bench were not true and Justice Sundesh has stated that the reports are flawed. In those reports, the Anti-Corruption Bureau has stated that from 2016 till 2022, on June 29th only 105 B-reports were filed, and 818 search warrants were secured but out of those 28 were not at all executed. But the information submitted was flawed by the Anti-Corruption Bureau stated Justice Sandesh. As per the report, there were no B-reports filed in the year 2022 and in the year 2021 only 2 B-reports were filed in two cases, but both the pieces of information were flawed and clarified that Justice Sundesh claimed four B-reports got pointed in the year 2022 and in one of those the accused was caught red-handed and the information on a number of B-reports filed in the year 2021 was itself inaccurate.
While stating the flaws in the report, Justice Sundesh stated that if the government body is unable to work with enthusiasm in the investigation, as per what the Supreme Court has said, the High Court has the plenary and inherent power to set the investigation right. As per the Criminal Procedure Code, the courts cannot intervene in any kind of investigation but an exception has been made wherein, in some circumstances, the court can intervene in the investigation to bring justice to the parties and to uphold the public interest. This can be done when any misuse of authority of a government body. While stating those he pointed toward the deliberate efforts made by the Anti-Corruption Bureau’s ADGP to conceal the bribery offence over the DC officer and has pushed the offence over the clerk and the assistant of the DC office.
The ACB has failed to consider the public interest in the investigation. Justice Sundesh has stated that after the direction the DC was added as the accused in the case, this shows the deliberate concealment of facts and evidence in front of the court by the ADGP of ACB. In this case, the DC has asked for an amount of rupees 15 lakhs as bribery but then was decreased to 5 lakhs. After this direction, Justice Sundesh was threatened with a transfer. Justice Sundesh has added this threat to the case order and has stated, “I heard this from one of my colleagues' Judge, that I will be made transferred or I will be taken away from this position”. Then he stated, “I have no fear and I am ready to sacrifice my position as the Judge for the public good. I am a son of the farmer and I can go back to farming to stand on my own feet again”. Justice Sundesh then asked the ACB, as being a black collar officer, who you are supposed to support, the public or the corrupted office. Either way, you have chosen the corrupted officer to help and the ADGP of ACB has made deliberate efforts to cover the DC and the IAS officer.
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