Lawstreet Journal

Vigilance Officers Will Be Treated As Police Officers Under Kerala Police Act 1960: Says Kerala HC

Lawstreet Journal 16 Feb 2020 12:32am

Image courtesy: Lawstreet Journal Judiciary Vigilance Officers Will Be Treated As Police Officers Under Kerala Police Act 1960: Says Kerala HC

While dealing with the case titled K. Karunanidhi v. State of Kerala, the Kerala High Court decided on the role and power of Vigilance and Anti-Corruption Bureau (VACB). The court held that the VACB is a special police force which is constituted by the state government while exercising its Legislative Power and the power of vigilance officer comes from the Kerala Police Act, 1960. The court also held that the VACB officers should be treated as police officers and they are entitled to the powers like to register cases under the Prevention of Corruption Act, to prosecute the offenders, carry on investigation and file a final report.

The court also said that under Rule 4 of the Vigilance Tribunal Rules, the state doesn’t have power to arbitrarily differentiate between the cases involving allegations of corruption to be investigated by the Vigilance Tribunal and other cases to be prosecuted before the Court of Enquiry Commissioner and Special Judge functioning under the PC Act.

This decision was given by the bench comprised of Justice A. Hariprasad and Justice N. Anil Kumar on 10th of February2020.

The petition filed by K. Karunanidhi and K.T. Mohanan included following questions;

  1. Whether the Vigilance and Anti-Corruption Bureau (in short, "VACB") is a Police force constituted under the State Government's legislative power conferred by List II of the 7th Schedule to the Constitution of India and do they have any lawful authority to register first information reports (FIR), investigate crimes, submit charge sheets and prosecute the alleged offenders?
  2. Whether the executive functionaries of the… Continue Reading...

    Tagged: Kerala HC  
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