Case Note & Summary
The petitioner, a public servant working as an Executive Engineer in Karnataka Power Transmission Corporation Limited, was accused of amassing assets disproportionate to his known sources of income. The case arose from a search conducted on 16-03-2022 at the house of one Munavar Pasha in connection with Crime No.23/2022 registered against another person, J. Jnanendra Kumar. During that search, the Anti-Corruption Bureau (ACB) found two travel bags and a carton box allegedly belonging to the petitioner. Immediately, a source information report was drawn up and an FIR registered the same day against the petitioner under Sections 13(1)(b) read with 13(2) of the Prevention of Corruption Act, 1988. The source report listed the petitioner's assets but left the column for disproportionate assets and percentage of disproportionate income blank, indicating zero disproportionate assets. The petitioner challenged the FIR, contending that no preliminary inquiry was conducted, the source report was defective, and the registration was illegal. The ACB argued that incriminating material was found during a lawful search and investigation was ongoing, so the court should not interfere. The court examined Section 13(1)(b) and its Explanation, underscoring that criminal misconduct for disproportionate assets requires a basis showing assets exceeding known sources of income. The source report in the case was prepared in 'hot haste' without any calculation of disproportionate assets, thereby lacking the foundational basis for an FIR. The court held that such a procedure violates the fundamental right to life and personal liberty under Article 21 of the Constitution. Consequently, the court allowed the petition and quashed the FIR in Crime No.24/2022 and all further proceedings.
Headnote
A) Prevention of Corruption Act, 1988 - Criminal misconduct by public servant - Section 13(1)(b) read with 13(2) - Source information report - Basis for charge - Court held that before registering FIR for disproportionate assets, there must be a properly drawn source information report calculating the alleged disproportionate assets vis-à-vis known sources of income; a report hastily prepared without such calculation, showing zero disproportionate income, cannot form the basis for a charge under the Act. (Paras 9-11) B) Constitution of India - Article 21 - Right to life and personal liberty - Quashing of FIR - Where FIR is registered in haste without proper source report and no prima facie case is made out, it violates the right to life and liberty guaranteed under Article 21; consequently, the FIR and all proceedings are liable to be quashed. (Paras 12-13)
Issue of Consideration
Whether the FIR registered against the petitioner under Sections 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988, without any preliminary inquiry or with a source report that showed zero disproportionate assets, was illegal and violated the petitioner's fundamental rights under Article 21 of the Constitution of India.
Final Decision
Petition allowed. FIR in Crime No.24 of 2022 dated 16-03-2022 and all further proceedings quashed.
Law Points
- source information report must contain calculation of disproportionate assets
- registration of FIR under Prevention of Corruption Act requires proper source report
- source report prepared in haste without calculation violates Article 21
- mere possession of articles does not constitute disproportionate assets
- FIR lacking basis is illegal and quashable
