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SC orders Bangarappa to face trial in assets case

The Supreme Court Monday ordered former Karnataka chief minister S Bangarappa to face trial on charges of amassing disproportionate assets to the tune of over Rs 10 million while setting aside a high court order quashing the chargesheet against him.

A division bench comprising Justices K T Thomas and R P Sethi, while setting aside the high court order, directed the trial court "to proceed with the trial in accordance with law and to dispose it of as expeditiously as possible."

The Central Bureau of Investigation had filed the chargesheet against Bangarappa under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act on charges of amassing wealth grossly disproportionate to his known sources of income during a check period of 1988-97 when he held public offices either as a minister or chief minister.

Severely criticising the single judge of the high court for quashing criminal proceedings against Bangarappa, Justice Thomas, writing the judgement for the bench, said "We have no doubt that the materials which prosecution enumerated are sufficient to frame charge for the offences under Section 13(1) read with Section 13(1)(e) of the Act."

Justice Thomas said the high court, after reminding itself that it was high time to eradicate the evil of corruption, should have directed Bangarappa to participate in the trial to reach its "logical terminus by affording him the opportunity to explain or account for the excess wealth projected by the investigating agency".

"But the judge instead of choosing that line, has chosen to scuttle the proceedings at the beginning stage of the trial itself for which he had even upheld the contention that the investigation was illegally conducted," he said.

The apex court said that the judge "unfortunately bypassed the factual position that the investigation was conducted by the CBI and not the regular police of the state.

"It appears that investigation under Section 17 of the Act could be conducted only by an officer not below the rank of Deputy Superintendent of Police, whichever be the investigating agency," Justice Thomas said and assailed the high court for wrongly interpreting the provision.

He said if the investigation was to be conducted by the CBI, the legislative insistence for the rank of the officer not below that of DSP was given exception to and any inspector of police attached to the CBI could conduct the investigation.

Regarding upholding of the contention of Bangarappa that the trial court did not have jurisdiction to try the case, Justice Thomas said "We strongly feel that the single judge has chosen to uphold the contention in a very casual manner without taking into account the fall-out of such a finding on other cases pending in that court."

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