Karnataka High Court sets aside creation of Anti Corruption Bureau by the State

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Synopsis

The bureau was created in 2016 by the Congress government withdrawing the powers from Lokayukta to investigate cases under the Prevention of Corruption Act.

The Karnataka High Court today abolished the Anti-Corruption Bureau (ACB) constituted by the state government in 2016, the New Indian Express reported.

The bench of Justices B Veerappa and KS Hemalekha passed the order in a public interest litigation filed by Advocate Chidananda Urs, challenging the formation of ACB.

The Congress government in 2016 created the ACB. Despite successive governments promising to restore its powers back to Lokayukta, it did not fructify.

According to the report, the petition questioned the notifications issued by the state government in 2016 constituting ACB and withdrawing the powers of the Prevention of Corruption Act from Karnataka Lokayukta.

The division bench has directed the transfer of the cases and officers working in ACB to Karnataka Lokayukta. The Lokayukta is now empowered to take up the cases by ACB further and utilize those officers' services to strengthen the institution and further its purpose.

It has further been directed that the state government will maintain transparency and appoint a competent person as Lokayukta and Upa Lokayukta. According to the report, it has been observed that the state government has failed to justify why the notification was issued to create Anti-Corruption Bureau and also why it had withdrawn powers from Lokayukta to investigate cases under the Prevention of Corruption Act.

It is to be noted that ACB was recently in the news, when Justice Sandesh, judge, Karnataka High Court alleged that he was threatened with transfer for questioning the additional director general of police (ADGP) of the Anti Corruption Bureau (ACB) while hearing a bail plea.

The matter subsequently reached Supreme Court. The court initially directed the Karnataka High Court to defer hearings in the matter. The apex court stayed the other proceedings in the matter and directed Karnataka High Court to decide the bail application alone.