Staff Reporter :
A writ petition has been filed with the High Court (HC) challenging the Anti-Corruption Commission’s (ACC) jurisdiction to lodge an FIR with a police station and conducting probe into the allegation based on the FIR.
In the writ petition, the petitioner prayed to the court to issue a rule upon the respondents to explain as to why Section 1(2)(GhaGha)(Chha), 4, 9(Ka) and 10 of the Anti-Corruption Commission Act, 2007 (amended in 2019) and Section 2(Kha) of form 2 should not be declared illegal.
Two Supreme Court lawyers, Advocate Subir Nandi Das and Barrister Nawshin Nawal, filed the writ petition on Wednesday.
Secretaries of Law, Home and Parliament Secretariat, ACC Chairman and Secretary and Inspector General of Police have been made respondents.
Advocate Subir Nandi Das said, the above mentioned Sections of the Anti-Corruption Commission Act, 2007 (amended in 2019) is contradictory to the Article 31 and 65(1) of the Constitution and Section 154 of the Criminal Code of Procedure.
It was said in the writ petition that a police station is bound to record one’s allegation as per Section 154 of the Criminal Code of Procedure. But as per those Sections of the Anti-Corruption Commission Act, 2007 (amended in 2019), a police station cannot record an allegation directly on someone’s corruption, rather it can receive only a general diary (GD). Then the police station will send the GD to the ACC and after investigation the ACC will file a case.
The writ petitioners said, by those rules, the power conferred on a citizen in criminal proceedings has been abolished. The rights of the common people to sue have been taken away.
ACC issued the new gazette of the amended Anti-Corruption Commission Act, 2007 on June 20 this year.
A writ petition has been filed with the High Court (HC) challenging the Anti-Corruption Commission’s (ACC) jurisdiction to lodge an FIR with a police station and conducting probe into the allegation based on the FIR.
In the writ petition, the petitioner prayed to the court to issue a rule upon the respondents to explain as to why Section 1(2)(GhaGha)(Chha), 4, 9(Ka) and 10 of the Anti-Corruption Commission Act, 2007 (amended in 2019) and Section 2(Kha) of form 2 should not be declared illegal.
Two Supreme Court lawyers, Advocate Subir Nandi Das and Barrister Nawshin Nawal, filed the writ petition on Wednesday.
Secretaries of Law, Home and Parliament Secretariat, ACC Chairman and Secretary and Inspector General of Police have been made respondents.
Advocate Subir Nandi Das said, the above mentioned Sections of the Anti-Corruption Commission Act, 2007 (amended in 2019) is contradictory to the Article 31 and 65(1) of the Constitution and Section 154 of the Criminal Code of Procedure.
It was said in the writ petition that a police station is bound to record one’s allegation as per Section 154 of the Criminal Code of Procedure. But as per those Sections of the Anti-Corruption Commission Act, 2007 (amended in 2019), a police station cannot record an allegation directly on someone’s corruption, rather it can receive only a general diary (GD). Then the police station will send the GD to the ACC and after investigation the ACC will file a case.
The writ petitioners said, by those rules, the power conferred on a citizen in criminal proceedings has been abolished. The rights of the common people to sue have been taken away.
ACC issued the new gazette of the amended Anti-Corruption Commission Act, 2007 on June 20 this year.
