Criminal Laws  - Aware of commission

Constitution of India, 1950 - Article 32 - Challenging the validity of certain letters issued by Mr. Qazi Aqlimuddin, Secretary, Vidhan Sabha on various dates against them with regard to a case registered by the Special Police Establishment (SPE) of the Lokayukt Organisation, against the officials of the Vidhan Sabha Secretariat as well as against the concerned officials of the Capital Project Administration- The Contractor Company alleging irregularity in the construction work carried out in the premises of Vidhan Sabha - The said letters violate their fundamental rights under Articles 14, 19 and 21 of the Constitution of India and are contrary to Article 194(3) and prayed for the issuance of a writ, order or direction(s) quashing the said letters as well as the complaints filed by Respondent Nos. 5, 6 (since expired), 7, 8 and 9 herein - The action taken by the petitioners is within the powers conferred under the above statutes and, therefore, the action taken by the petitioners is legal - Under the provisions of Section 39(1)(iii) of the Code of Criminal Procedure, 1973, every person who is aware of the commission of an offence under the Prevention of Corruption Act is duty bound to give an information available with him to the police - The impugned letters/notices are quashed and the writ petition is allowed.

Topic(s)-

Important Decision(s)- Under the provisions of Section 39(1)(iii) of the CrPC, 1973, every person who is aware of the commission of an offence under the Prevention of Corruption Act is duty bound to give an information available with him to the police.