IN THE HIGH COURT OF KARNATAKA AT BENGALURU.
WRIT PETITION NO. 00/2016
BETWEEN
Sri. ABC …….. PETITIONER
And
State of Karnataka and another …….. RESPONDENTS
REJOINDER TO THE STATEMENT OF OBJECTIONS FILED BY THE RESPODNENT NO.1
- The above petition has been filed for various reliefs including for Quashing of the additional Chargesheet dated 3/8/2016 filed by the 1st respondent, taking of cognizance and implication of the petitioner as Accused No.7 by the Learned trial court judge vide his order dated 10/08/2016 and also the prosecution sanction order dated 20/07/2016 issued by his Excellency, Governor of Karnataka.
- It is submitted that, the contentions urged in the statement of objections does not refute the contentions raised in the petition and the submissions made before this Hon’ble court. Petitioner is filing this rejoinder as an addition to the petition averments and as a counter to the averments made in the statement of objections filed by the respondent No.1.
- The issuance of the Notification as per Annexure R-2 conferring Police Station powers on the Special Investigation Act (SIT) is contrary and violative of the provisions of the Karnataka Lokayukta Act. The issuance of the said Notification is under miscarriage of Law and facts; therefore the filing of the final report needs to be quashed at the hands of this Hon’ble court.
- It is submitted that, the source of power for investigation is an order under section 15(3) of the Karnataka Lokayukta Act; that, once an order under section 15(3) of the Karnataka Lokayukta Act it is incumbent on the authority appointed thereat to investigate/report to follow the procedure prescribed thereafter. Hence the issuing of the notification (Annexure R-2) by the state Government conferring Police station powers on the SIT amounts to exceeding ones own jurisdiction
- The competent authority for removal of the petitioner is His Excellency, Governor of Karnataka. Hence, the procedure prescribed under section 6 of the Karnataka Lokayukta Act is absolute hence, the sanction accorded by his Excellency, Governor of Karnataka without the aid and advise of the council of ministers in the absence of any compelling reasons is void and without authority of Law.
- It is submitted that His Excellency, Governor of Karnataka do not have any independent right to pass/grant an order of sanction since, there is no independent right conferred upon him either under the Karnataka Lokayukta Act, Constitution of India or any other enactment. Therefore, the order of sanction as per Annexure K is illegal, without authority of Law.
- It is submitted that, the State Government has committed material illegality by placing the matter seeking sanction of His excellency, Governor of Karnataka since, the seeking of sanction is contrary to the provisions of Karnataka Lokayukta Act in the background of the Special Investigation Team being constituted by the Government upon the orders reference made under section 15(3) of the Karnataka Lokayukat Act.
- The petitioner who was former Chief Justice, High Court of Karnataka cannot be removed without following the dictate prescribed under section 6 of the Karnataka Lokayukta Act as such the petitioner cannot be termed within the meaning of a Public servant and seek Sanction simplicitor under section 197 of the Criminal Procedure Code. Therefore the contention of the respondent that, the petitioner is an Government servant and therefore sanction is necessary under section 197 of the Criminal procedure code is per- se not sustainable under the eyes of Law.
WHEREFORE it is prayed that, this Hon’ble court be pleased to allow the writ petition as prayed for by quashing the impugned Annexures C, J and K in the interest of justice and equity.
Date: 27/09/2016
Place: Bangalore Advocate for petitioner
