HC stays ACB proceedings against BDA, BBMP officials

 The Karnataka High Court on Friday granted stay on the proceedings initiated by the Anti-Corruption Bureau (ACB) against two BBMP officials and a BDA official contending that it does not have powers of a police station.

Justice Anand Byrareddy granted stay after hearing the petitions filed by M Basavaraju, assistant director of Town Planning; Ramachandrappa H C, assistant engineer, BBMP, Mahadevapura Zone and G H Nagahunumaiah, Special Land Acquisition Officer, BDA.

The petitioners contended that ACB has not been declared as a ‘police station’ under the provisions of Code of Criminal Procedure, I973 and only a police officer is authorised to investigate offences under the Prevention of Corruption Act (PC Act), 1988.

The state government had issued a notification on April 21, 2016 conferring the powers of Section 17 of PC Act (power to investigate) to all the inspectors of police, office of ACB.

The petitioners contended that merely because the police officer is authorised to investigate offences under the PC Act, the officer cannot take up investigation unless it is declared as a police station. The petitioners said according to the notification in 2002, the office of the Inspector of Police, Lokayukta was given the authorisation to investigate offences and was declared as a ‘police station’. In the absence of a similar notification ACB cannot register a case and proceed further in the matter.

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