J&K Prevention Of Corruption Act | Elaborate Reasons Not Necessary While Issuing Entrustment Orders

Case: Anis Ahmad Chaudhary Vs State of J&K

Coram: Justice Sanjay Dhar

Case No.: CRMC No.167/2018

Court Observation: “He has clearly indicated in the entrustment order the nature of the offence which has to be investigated, the nature of the power which he is exercising as also the fact that the investigation has to be conducted under the supervision of the Superintendent of Police concerned and thus the entrustment order is not an omnibus order nor does it exhibit lack of application of mind on the part of the issuing authority”

“Even otherwise, it is required to be noted that on a plain reading of the second proviso to Section 3, only two requirements are required to be satisfied, namely, (i) authorisation in writing by an officer of the Vigilance Organisation not below the rank of Assistant Superintendent of Police to an officer of not below the rank of Sub-Inspector of Police to investigate such offences; and (ii) such officer authorised may investigate the offences so specified in the order of authorisation. Therefore, as such, there is no requirement of giving either special reasons or there is no requirement to mention reasons.”

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Keywords

J&K Prevention Of Corruption Act, Entrustment Orders