Karnataka HC revokes order to form Anti-Corruption Bureau, shifts pending cases to Lokayukta

Karnataka HC revokes order to form Anti-Corruption Bureau, shifts pending cases to Lokayukta
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Synopsis

The judgement by the Division Bench of Justice B Veerappa and Justice K S Hemalekha comes on the back of a petition challenging the ACB's formation and the subsequent March 16, 2016 government order withdrawing the powers of the Lokayukta police from registering and investigating into cases under the Prevention of Corruption Act.

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Karnataka High Court on Thursday revoked the state government's order, dated March 14, 2016, to form Anti-Corruption Bureau (ACB). The court decided to shift all the pending cases to the Lokayukta.

However, it said that the decisions taken by ACB so far would stand valid.

In addition, the court has also directed the government to appoint competent persons as Lokayukta and Upa-Lokayukta in public interest. Meanwhile, the ACB staff and personnel would be absorbed in the Lokayukta itself.

The judgement by the Division Bench of Justice B Veerappa and Justice K S Hemalekha comes on the back of a petition challenging the ACB's formation and the subsequent March 16, 2016 government order withdrawing the powers of the Lokayukta police from registering and investigating into cases under the Prevention of Corruption Act.

The formation of the ACB through an "executive order" is not justified and Constitutional, the judgement said. With this the ACB stands abolished.

The two 2016 notifications of the government were challenged in a bunch of petitions by various petitioners, including the Advocates Association, Bengaluru, Chidananda Urs and 'Samaja Parivartana Samudaya'.

(With inputs from PTI)
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