Lottery case: CBI to take over investigation
Kochi: A Division Bench of the Kerala High Court disposed of two writ petitions seeking a CBI probe into the irregularities indulged in by the promoters of Bhuttan lotteries in the State in the light of the submission by the Union government that the CBI had been instructed to take up the investigation despite shortcomings in the procedure adopted by the State government.
The Bench comprising Chief Justice J. Chelameswar and Justice P.R.Ramachandra Menon disposed of the writ petitions filed by Congress MLA V.D. Satheesan and V.M. Sivankutty, a lottery vendor, after recording the submissions made by Gopal Subramaniam, Solicitor General made on behalf of the Union government.
In his petition, Mr. Satheesan sought a directive to the State government to make a request under the Delhi Special Police Establishment Act for issuing an order for a probe into the illegal conduct of lotteries of other States. According to him, a Vigilance probe had found various irregularities committed by the promoters of other State lotteries. Mr. Satheesan pointed out that the Vigilance had also recommended prohibition of the sale of Bhutan and Sikkim lotteries in the State. No action had been taken by the State government on the basis of the Vigilance report submitted in 2006.
The Solicitor General had earlier submitted during the hearing of the case that the Centre was ready to order a CBI probe into the issue. But, the State government was yet to furnish the details of the cases, such as First Information Reports (FIRs) etc., relating to the illegal acts perpetrated by the promoters of the lotteries.
The State government needs to follow with the procedure such as registering FIRs, etc., to enable the Union government to advise the CBI to take over the lottery-related cases. He submitted that the Union Home Ministry wrote to the State government explaining the procedure to be adopted by it to enable the Centre to entrust the investigation of the case with the CBI.
The State government had submitted that in view of the undertaking given before the Supreme Court, it could not file any FIRs against the promoters of Bhutan lotteries who had violated provisions under the Lotteries (Regulation) Act, 1998 or the Indian Penal Code (IPC). The government undertook in 2005 that no FIRs would be registered for violations of Section 4 of the Lottery Regulation Act and that no further steps would be taken on the FIRs already registered. The undertaking was given in the wake of contempt of court cases filed by the promoters.
The Solicitor General made the submission that the CBI was instructed to take up the investigation despite the shortcomings in the procedure adopted by the government when the petitions came up for hearing in April 2011.
The court also observed that both the writ petitions had “political overtones” and were motivated at least to some extent by the desire to take advantage at the hustings or pre-empting adverse propaganda during the electioneering.
Reference from The Hindu.
