A writ petition has been filed with the High Court challenging the legality of several sections of the Anti-Corruption Commission (ACC) rules that curtailed police’s authority to directly record a corruption case.
Two Supreme Court lawyers Subir Nandi Das and Noshin Nowal filed the petition on Wednesday (Nov 14).
The petition stated that people’s right to lodge a graft case with a police station has been damaged due to the sections concerned of the Anti-Corruption Commission Rules-2007 (Amendment 2019).
It sought the top court rule asking as to why section number 1(2)(DD)(G), 4, 9(A), 10 of ACC Rules and form-2B should not be declared illegal.
Citing the petition, Subir Nandi told the media that the ACC on Jun 20 this issued a gazette notification amending the Anti-Corruption Commission Rules-2007.
As stated by the amended rules, a citizen can report to a police station on a graft allegation, which the law enforcement can only register as a general diary (GD).
Police the send the GD to the ACC, on which the graft watchdog open inquiry and file a case if necessary, he said.
The people’s right to file a graft case with the police station has been curtailed which is against the of the Constitution and the Criminal Procedure Code (CrPC), Nandi added.
Secretaries of Law, Home and Parliament ministries, ACC chairman, Inspector General of Police and ACC secretary were made defendants in the petition.
The HC may hear the petition next week.