KUBON SANGMA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Learned Advocate General and learned counsel appearing for the respondent No.4 pray for time to file response.

(2.) Learned counsel for the petitioner prayed for an interim stay of the proceedings before Superintendent of Police, CBI, Shillong in pursuance to the order dated 24.07.2019 appended at Annexure-2 to the petition. It was, inter alia, submitted that under Section 11 Chapter III of the Meghalaya Lokayukta Act, 2014 (for short "the Act"), the Lokayukta is empowered to constitute an Inquiry Wing headed by the Director of Inquiry for the purpose of conducting preliminary inquiry into any offence to have been committed by a public servant which is punishable under the Prevention of Corruption Act, 1988. Reference was made to Section 12 under Chapter IV of the Act relating to appointment of Director of Prosecution Wing, whereby the Lokayukta by notification shall constitute a Prosecution Wing headed by the Director of Prosecution for the purpose of prosecution of public servants.

(3.) It was contended that in the impugned order instead of constituting the Inquiry Wing and Prosecution Wing, direction has been issued to the Superintendent of Police, CBI, Shillong to make a detailed inquiry which is beyond the scope and power of the Act. Reference was also made to Section 20 under Chapter VII of the Act.