In an order that could have far reaching implications on the functioning of the Anti-Corruption Bureau, a Division Bench of the High Court on Wednesday unshackled the ACB from the watchful control of political executive to a large extent.
The Bench directed the ACB to conduct full-fledged investigation into the role of politicians, public representatives and officers in the liquor scam and submit a report within three months. The Bench comprising Chief Justice Kalyan Jyothi Sen Gupta and Justice P.V. Sanjay Kumar set aside the memo issued by the State government in December 1999 imposing restrictions on the ACB when names of politicians cropped up in scams.
The judges were dealing with a writ petition filed by noted civil society activist O.M. Debara who pleaded for more autonomy to the ACB and requested the court to direct the government to grant permission to the ACB to go ahead with cases wherein final reports were ready.
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The petitioner wanted the court to monitor the investigation into the liquor scam where it was alleged that dealers formed syndicates to take control of the liquor sale with active connivance of well known politicians and officers of the State government.
During the course of hearing, petitioner’s counsel Gandra Mohan Rao, brought to the notice of the court the memo issued by the State government in 1999. The memo said that when allegations were made against an MP or MLA, the ACB should report the matter to an advisory committee, to be nominated by the government.
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The ACB could not proceed further until such time. The court was informed that no such panel had been constituted as yet while the government said the issue was referred to the Speaker and further action was awaited.
The Bench disproved this tone and tenor. The Bench wondered how the MP and MLA could get this protection when no one, including judges, had such a provision.