Karnataka High Court sets aside creation of Anti-Corruption Bureau

In major set back to Karnataka Government, court restores power of Lokayukta police wing to probe corruption cases against public servants

In a major set back to the State Government, the High Court of Karnataka set aside its 2016 decision of creating the Anti-Corruption Bureau (ACB) under its control by withdrawing the powers earlier vested with the Karnataka Lokayukta Police to probe all corruption cases against public servants.

“The State Government is not justified in creating ACB by way of an executive order when the field of investigation into corruption cases under Prevention of Corruption Act, 1988 was covered under the Karnataka Lokayukta Act, 1984,” the court observed.

The court restored the power to probe corruption cases to the Karnataka Lokayukta Police, and directed transfer of all cases and staff of ACB to the Karnataka Lokayukta. ACB stands abolished; however, the actions taken by the ACB will continue, the court said.

A division bench comprising Justice B. Veerappa and Justice K.S. Hemalekha delivered the judgment on three separate PIL petitions filed by Chidananda Urs B.G., the Advocates’ Association, Bengaluru, and Samaja Parivarthana Samudaya, an NGO, and a batch of petitions filed by public servants questioning the powers of the ACB.

On March 14, 2016, the State Government had created the ACB to probe corruption cases against public servants in Karnataka, by withdrawing the power vested with the Lokayukta Police to probe corruption cases under Prevention of Corruption Act, 1988.

On April 7, 2016, the court passed an interim order on a petition filed by Mr. Urs that during the pendency of the petition, the cases under investigation and pending sanction at the Lokayukt Police wing should not be transferred to the ACB.

In June 2016, the court clarified that Lokayukta Police can file charge sheets in the cases that it continues to pursue in view of the earlier interim order.