O P SAXENA Vs. STATE

JUDGEMENT

(1.) On February 28, 1996 Mr. O. P. Saxena, who happens to be the President of All India Lawyers Forum for Civil Liberties, filed a Criminal Complaint under sections 4 and 5(2) of the Prevention of Corruption Act read with section 161 of the Indian Penal Code against Mr. Shailender Mahto a member of Parliament. On March 4, 1996 the learned Special Judge dismissed the said complaint "in limine" holding the same as being ''not maintainable". Finding the said order of dismissal unpalatable. Mr. Saxena has preferred this revision petition. What was it that was alleged in the Complaint ?

(2.) Mr. Saxena alleged that he was shocked to read in various newspapers a confessional statement of Mr. Mahto to the effect that he had received Rs. 40 lakhs as bribe from Mr. Suraj Manda 1, Member Parliament. Mr. Saxena claimed that it being an extra-judicial confession clearly indicating commission of offences under the Prevention of Corruption Act by Mr. Mahto and there being other sufficient material to prove it, Mr. Mahto ought to be summoned and prosecuted under the said Act. He claimed that he would adduce ''documentary evidence and shall summon witnesses to establish the charges of corruption against Mr. Shailendra Malto"

(3.) The 'learned Special 'Judge neither proceeded, to examine the complainant nor his witnesses and. as already noticed above, dismissed the complaint in limine as being not maintainable.