ANOSH EKKA Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) Prayer of the petitioner in this writ petition is for quashing the prosecution initiated against him by the Vigilance Department of the State Government and also by the Enforcement Directorate of the Central Government and to issue a writ by habeas corpus declaring the detention of the petitioner in custody to be illegal mainly on the ground that the Provision of Indian Penal Code, Prevention of Corruption Act, 1988, Prevention of Money Laundering Act, 2002, Indian Evidence Act and Code of Criminal Procedure are not applicable in the District of Ranchi which is a Scheduled Area since these Acts have not been brought into force by the Governor in exercise of the powers under Section 92 of the Government of India Act, 1935 or para 5 of Schedule Vth of the Constitution of India.

(3.) It is submitted that the District of Ranchi has been declared as Schedule Area. The aforesaid Acts, i.e. the Provision of Indian Penal Code, Prevention of Corruption Act, 1988, Prevention of Money Laundering Act, 2002, Indian Evidence Act and Code of Criminal Procedure are excluded from its applicability from the Scheduled Area unless it is made specifically applicable by issue of a notification to that effect as envisaged under para 5 of the Vth Schedule of the Constitution. Since no such notification has been issued by the Governor of the State and, therefore, the aforesaid Acts/existing laws do not apply in the District of Ranchi which is a Scheduled Area and, therefore, any prosecution launched against the petitioner either under the Indian Penal Code or under the Prevention of Corruption Act or under the Prevention of Money Laundering Act is illegal.