Bangalore: Setback for Lokayukta - HC says no raid without FIR
Daijiworld Media Network – Bangalore (SP)
Bangalore, Feb 6: In a judgement that has far reaching consequences which can embarrass the Lokayukta officials and provide relief to several government employees who are caught red-handed, the state High Court (HC), in a path-breaking decision, ruled that the Lokayukta cannot conduct raids on the accused without registering the first information report (FIR) against them.
It has also directed the inspector general of the state police to initiate disciplinary action against the officials who violate this rule. The order was passed by a division bench of the HC comprising of justice K Sridhar Rao and Justice S Abdul Nazir on Tuesday February 5.
“When a complaint under the Prevention of Corruption Act is received, the authority concerned needs to look into the matter in proper perspective. The officials can register FIR only if on the face of it, the facts stated in the complaint appear to be true. Only thereafter the raid on the accused can be conducted. The investigating officer, immediately after registering the FIR, should pass on this information to the higher authorities. Conducting raids without registering FIR is tantamount to an act of foolishness,” the HC opined.
The judgement came while taking up petitions moved by Gulbarga sub-registrar, Girish Chandra, and Basavana Bagewadi sub-registrar, Hawaldar. The division bench also instructed the single judge bench which has taken up the cases, to dispose of the case duly considering the grounds for their dismissal.
It said that conducting raids without registering FIR is a clear violation of the Supreme Court directives and therefore, the Lokayukta officials responsible for such violations should be suspended forthwith. The rules and regulations as applicable to state police should be applied while considering disciplinary actions against these officials, it added.
The HC also ruled that the complainant and two witnesses should be accompanied to the spot while undertaking raids, and the currency proposed to be handed over as bribe should be smeared with sodium powder. The corruption charges are proved when the official concerned receives the cash in question, and the notes turn pink. Only then further action can be initiated, the bench explained.