LAWS(PAT)-2016-9-77

MD YUNUS Vs. STATE OF BIHAR

Decided On September 27, 2016
Md Yunus Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The facts of these cases are simple; yet raise some complex issues of Constitutional law and the scope of executive power of the State. The individual allegations against the petitioners need not be gone into in details. However, suffice it would be to state that all the petitioners are being investigated into for alleged commission of offence under the Prevention of Corruption Act, 1988, and the allegations are serious in nature.

(2.) I have the benefit of reading the judgment of my esteemed brother, Chakradhari Sharan Singh, J., but I find myself unable to agree with the conclusions arrived at, and the decisions reached. I have, therefore, decided to pen down my own judgment.

(3.) The common feature, in all these cases, is that the cases against the petitioners are being investigated into by "Economic Offences Police Station", which has been set up by the Government of Bihar to deal with specialized crimes. The validity of creation of the police station called "Economic Offences Police Station", which has registered the First Information Reports and is investigating the cases, have been challenged in the present set of writ petitions.