BUTA SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Shri Buta Singh was a member of the Lok Sabha from December 31, 1984 to November 27, 1989 and the Minister of Home Affairs in the Government of India from May 12, 1986 to December 2, 1989. On March 4, 1995 by the orders of a Superintendent of Police CBI SPE ACU (vi) New Delhi a case was registered against him and others under sections 7 and 12 of the Prevention of Corruption Act, 1988 and under section 56 read with section 8 of FERRA 1973. Later charge sheet No.l6 dated February 22, 1996 was filed by the CBI before the Court of the Special Judge Delhi. It was against Shri Buta Singh. On March 8, 1996, the learned Special Judge took cognizance of "the offences complained against" and issued summons. The relevant portion of the order runs as under:

(2.) Though the order of the learned Special Judge does not specify, admittedly the "offences complained of are section 120B of the Indian Penal Code and sections 7 and 13(i)(d) of the Prevention of Corruption Act, 1988 (hereinafter called the Act).

(3.) Shri Buta Singh is aggrieved by the above- noted order of the learned Special Judge. He feels that no case is made out against him and that for that reason not only the order in question requires to be set aside but the Charge Sheet also needs to be quashed. He also seeks the quashing of the proceedings on the ground that no sanction has been obtained under section 197 of the Code of Criminal Procedure. Hence this petition.