The Bombay high court has sought to know from the government what progress it has made in complaints of corruption against Class I officers. The petition has claimed that many complaints are pending since 2002 due to a circular that makes it necessary for the anti-corruption bureau (ACB) to conduct discreet and open inquiry with government’s prior permission before registering an FIR if complaint of corruption is made against any high-ranking officer.
Ankur Prabhakar Patil, a social activist through advocate Yousuf Khan has filed PIL before the division bench of Justice Abhay Oka and Justice Amjad Sayed saying that information received by him under RTI in 2012 has revealed that there are around 58 complaints pending with ACB in the name of open inquiry and want of sanction from government.
According to petitioner, the general administration department of Maharashtra government has issued a circular dated March 12, 1981. As per this circular, before registering an FIR, the ACB is supposed to conduct a discreet preliminary inquiry and then an open inquiry, that too with prior permission from government in cases where allegation of corruption is made against any officer who is a member of All India Service or head of the department (as defined in Bombay civil services rule).
The petitioner has claimed the circular is illegal and is used to shield high-ranking officers against whom allegations of corruption are made and no action has been taken for years in the name of open inquiry and want of sanction from the government. Advocate Khan on behalf of petitioner cited a HC order of a division bench headed by Justice Bilal Nazki in the year 2009. The bench was hearing a PIL against a similar circular issued in 1972, and had observed that, “Any circular placing restriction on their (ACB) power which is available to them under the Prevention of Corruption Act and Criminal Procedure Code appears to be illegal.” The petitioner claimed the bench of Justice Nazki had stayed that circular. However, he said there is another circular of a similar nature issued in 1981 that is shielding high-ranking officers, so the ACB should be directed to register FIR against all the officers whenever complaint is received without implementing the circular.
The petitioner has also relied upon order of the Constitutional Bench of the Supreme Court passed on May 6, 2014 while hearing a civil writ petition filed by Dr Subramaniyam Swamy. The SC had said any distinction made between government officers on the basis their status or position in service for the purpose of inquiry/investigation is nothing but an artificial one and offends Article 14 of the Constitution.
