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Can Cognisance of Complaint Under PC Act be Taken Without Sanction: SC Notice to K'taka on Ex-CM's Plea

The Supreme Court of India. (Image: PTI)

The Supreme Court of India. (Image: PTI)

A bench of Justices Ashok Bhushan and M R Shah issued notice to the Karnataka government and the complainant in the case while seeking their replies in six weeks.

The Supreme Court on Monday sought response from the Karnataka government on the petition filed by former chief minister H D Kumaraswamy challenging the cognizance taken by the special judge in a corruption case against him without proper sanction. A bench of Justices Ashok Bhushan and M R Shah issued notice to the Karnataka government and the complainant in the case while seeking their replies in six weeks.

"Issue notice limited to the question as to whether without sanction the Special Judge could have taken cognizance, returnable within six weeks," the bench said. Senior advocate Ranjit Kumar, appearing for Kumaraswamy, contended that in view of the amendment made in Section 19(1)(b) of the Prevention of Corruption Act, a sanction was required even though the petitioner was not holding the office at the time when the cognizance was taken. He further submitted that without obtaining the sanction under Section 19, no cognizance ought to have taken and the High Court committed an error in rejecting the a petition filed under Section 482 of the CrPC.

The case pertains to a private complaint filed by one M S Mahadeva Swamy before the Special Judge under Prevention of Corruption Act, at Bangalore City seeking prosecution of Kumaraswamy and others . The complaint relates to de-notification of certain land of Halagevaderahalli Village, Uttarahalli Hobii, Begaluru South Taluk.

first published:January 18, 2021, 22:33 IST
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