ACB can prosecute RIL, Moily, Deora: Delhi govt tells HC
18 Oct 2014 4:15 AM IST
The Delhi High Court was on Thursday informed by the city government that its Anti-Corruption Branch has the power to probe the case against RIL and former UPA ministers Veerappa Moily and Murli Deora relating to alleged irregularities in raising price of gas from the company’s KG6 basin.
The submission was made before Justice V K Shali by senior advocate Vikas Singh, appearing for Delhi government, who said that according to the clarification received from the Centre, the 23 July notification regarding ACB’s powers will only have ‘prospective effect.’
‘That the Ministry of Home Affairs vide its communication dated 30 September, 2014, has clarified that the (July 23) notification is prospective as notification issued by government of India becomes effective from the date of its publication in the official gazette..,’ the affidavit submitted on behalf of Delhi government has said.
According to the 23 July notification, the Centre had said that the 1993 announcement permitting ACB to probe cases under Prevention of Corruption (PC) Act will only be applicable to officials of Delhi government.
The court said it will now hear the matter on 28 October on which date it will also hear the plea of Deora, who has moved a plea for quashing of the FIR lodged against him. It also directed that no coercive action be taken against Deora.
Deora, in his plea filed through advocate Karthik Nayar, has also challenged the earlier notifications, including the one of 1993, by which ACB has been given the power and jurisdiction to probe cases under PC Act.
The Delhi government on 19 August had told the court that the 23 July notification takes away ACB’s power to investigate central government employees in corruption cases.
The submission was made before Justice V K Shali by senior advocate Vikas Singh, appearing for Delhi government, who said that according to the clarification received from the Centre, the 23 July notification regarding ACB’s powers will only have ‘prospective effect.’
‘That the Ministry of Home Affairs vide its communication dated 30 September, 2014, has clarified that the (July 23) notification is prospective as notification issued by government of India becomes effective from the date of its publication in the official gazette..,’ the affidavit submitted on behalf of Delhi government has said.
According to the 23 July notification, the Centre had said that the 1993 announcement permitting ACB to probe cases under Prevention of Corruption (PC) Act will only be applicable to officials of Delhi government.
The court said it will now hear the matter on 28 October on which date it will also hear the plea of Deora, who has moved a plea for quashing of the FIR lodged against him. It also directed that no coercive action be taken against Deora.
Deora, in his plea filed through advocate Karthik Nayar, has also challenged the earlier notifications, including the one of 1993, by which ACB has been given the power and jurisdiction to probe cases under PC Act.
The Delhi government on 19 August had told the court that the 23 July notification takes away ACB’s power to investigate central government employees in corruption cases.
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