Appln filed by Abraham posted to March 15 for orders

The Lokayukta Court today posted for orders to March 15 an application filed by a social activist seeking a direction to refer his complaint alleging irregularities in the Bangalore-Mysore Expressway Project, to the High Court on certain clarifications on points of law.
Judge N K Sudhindra Rao posted the application for orders next month after completion of submissions by K V Dhananjay, counsel for social activist T J Abraham who had filed the application.
Abraham's private complaint pertains to alleged corruption and illegalities in Bangalore Mysore Infrastructure Corridor project, awarded to Nandi Infrastructure Corridor Enterprise (NICE) and its sister companies.

In his application, Abraham, also an entrepreneur, contended that his complaint was filed on July 18, last year seeking a direction from Lokayukta court to Lokayukta police to investigate certain 'offences' committed in the course of inception, execution and implementation of the project.
On October 25 last year, the Lokayukta court had directed the Additional DGP(Lokayukta), to investigate the alleged offences.But the court in its order stated it would not take cognisance of any of the offences alleged.
Under similar circumstances the Karnataka High Court had held in the B V Acharya vs Venkateshaiah case that even in order to direct investigation by Lokyukta police under 156(3) CrPC, sanction of the government is required.

By applying this principle of law, the High Court has stayed almost all cases in which Lokayukta police was directed to investigate.

This procedure, Dhananjay stated "is unknown to the law and is grossly opposed numerous judgements delivered by the Supreme Court. Therefore, if the special judge were to abide by the B V Acharya judgement, the judge will have to disregard hundreds of apex court judgements which has stated that no sanction whatsoever is required to investigate a public servant".
Therefore, this contradiction should be clarified by the High Court itself and the Special Judge should refer this to the High Court for clarification on point of law, Dhananjay submitted.

On January 29, the Dharwad bench of the Karnataka High Court extended its stay on the Lokayukta order in the complaint, till final disposal of the case.