CASE COMMENT: M.KARUNANIDHI V. UNION OF INDIA, 1979

Abstract

In 1973 the Madras Legislature had passed The Tamil Nadu Public Men (Criminal Misconduct) Act, 1973 herein referred as State Act. This Act was passed after obtaining the assent of the President of India. This State Act was, however, amended by Act 16 of 1974 and the President's assent was received on 10th April, 1974. According to the provisions of the State Act the statute was brought into force by virtue of a notification with effect from 8-5-1974. The Act provided for the investigation in respect of a complaint of criminal misconduct against any 'public man by a Commissioner or the Additional Commissioner of Inquiries appointed for this purpose. The word 'public man' had been given a specific connotation in s. 2(c) of the Act and clearly excluded a Government servant. 

A CBI inquiry was instituted against the appellants who were alleged to have abused their official position in the matter of purchase of wheat from Punjab. As a result of the inquiry a prosecution was launched against the appellant under the IPC and the Prevention of Corruption Act. A FIR was recorded on 16th June, 1976 and four months later sanction under section 197 of the Code was granted by the Governor of Tamil Nadu for the prosecution of the appellant under sections 161, 468 and 471 of the IPC and Sec. 5(2) r/w Sec. 5 (1) (d) of the Prevention of Corruption Act (hereinafter referred to as the Corruption Act). Thereafter, the police submitted a charge sheet against the appellant for the offences mentioned above and alleged that the appellant had derived for himself pecuniary advantage to the extent of Rs. 4 to Rs. 5 lakhs from Madenlal Gupta for passing favourable orders in respect of some firms. The case was registered before the Special Judge and the necessary copies of the records were furnished to the appellant.