Appeal filed before Supreme Court against Karnataka High Court order abolishing Anti-Corruption Bureau

The recent Karnataka High Court order abolishing the Anti-Corruption Bureau (ACB) established in 2016 has been challenged before the Supreme Court by a private complainant. .The petition filed by one Kanakaraju was mentioned before a bench of Chief Justice of India (CJI) NV Ramana and Justices Hima Kohli and CT Ravikumar by Advocate Ashok Panigrahi. The bench agreed to list the matter. The petitioner had filed a complaint against two officers of the BESCOM Vigilance Police Station who had demanded bribe from him.It was then that the High Court abolished ACB and transferred all cases before ACB to Karnataka Lokayukta. ."The impugned judgment insofar as it orders abolition of AC and transfer of cases to the Lok Ayukta at this stage would as a premium to accused persons since the investigation and effect of various criminal matters under the Prevention of Corruption Act, 1988, and other cases would stand jeopardised," the plea before Supreme Court said. .On August 11, the High Court had abolished the ACB, while noting that it was established by the State government in a bid to shield corrupt politicians, ministers and officers from the watchful eyes of the Lokayukta.A Division Bench of Justices B Veerappa and KS Hemalekha opined that the field occupied by the Karnataka Lokayukta Act was eroded by the constitution of the ACB. It, therefore, quashed a State government order of 2016 creating the ACB.“The very constitution of ACB by the government is to shield the corrupt politicians, ministers, and the officers from the watchful eyes of the Lokayukta and that Government is weakening the institution of Lokayukta to protect these persons from prosecution, inter alia under the provisions of the PC Act,” the judgment said..The High Court had also noted that the ACB had not registered any criminal cases against the Ministers, Members of Parliament, Members of Legislative Assembly or Members of the Legislative Council, and had only registered a few cases against some authorities and conducted raids.Examining the executive’s power to make such a notification under Article 162 of the Constitution, the bench observed that the same was impermissible since executive instructions could only fill the gaps not covered by statutory rules, but could not be in derogation of them.As a result, all State government notifications issued pursuant to the March 2016 order were also quashed. All proceedings pending before the ACB were directed to be transferred to the Lokayukta..The Court, while making certain recommendations to the State, had said that the police wing of the Karnataka Lokayukta had to be strengthened by appointing honest persons with a track record of integrity and fairness.It had also noted that only people with integrity, both in public and personal life, who are uninfluenced by caste, creed etc. should be appointed to the post of Lokayukta. Additionally, it was stated that there should be transparency in such appointments..The ACB had recently come under scanner when a single-judge of the High Court, hearing another case, had made strong remarks against the Bureau and Additional Director General of Police Seemanth Kumar Singh.Justice HP Sandesh had revealed in open court that he received threats of a transfer for monitoring certain cases being handled by the Bureau."Your ADGP so powerful (unclear). Some persons spoke to one of our High Court judges. That judge came and sat with me and he said giving an example of transferring of one of the judge to some other district. I will not hesitate to mention the name of the judge also! He came and sat by the side of me and there is a threat to this court," Justice Sandesh had orally remarked..Subsequently, he had, on July 12, recorded the details of the same in an order.The ACB and Singh had challenged the same before the Supreme Court which, on July 18, stayed the observations and order..Note: An initial version of this story said that the appeal was filed by Karnataka government. The error is regretted..Read more about the High Court's decision here.