GHADC fund diversion case
SHILLONG: The High Court of Meghalaya has issued an interim stay order against CBI probe into GHADC fund diversion case.
The court order on Friday was based on the petition of Kubon Sangma, one of the contractors, who executed the work in West Garo Hills.
Earlier, the Meghalaya Lokayukta had ordered the CBI inquiry against the sitting GHADC MDC of Asanang, Ismail Marak and contractors Kubon and Nikseng Sangma for allegedly withdrawing funds without executing work.
During the hearing on Friday, the division bench comprising Chief Justice Ajay Kumar Mittal and Justice HS Thangkhiew, ordered that till the next date of hearing, further proceedings by Superintendent of Police, CBI, Shillong will remain stayed.
“It is, however, clarified that unless the interim stay is extended on the next date, it shall cease to operate thereafter”, the court said.
The matter was adjourned to September 19.
Earlier, the counsel for the petitioner sought for interim stay of the proceedings of CBI following the order of Lokayukta on July 24.
It was submitted that under Section 11 Chapter III of the Meghalaya Lokayukta Act, 2014, the Lokayukta is empowered to constitute an inquiry wing headed by the Director of inquiry for the purpose of conducting preliminary inquiry into any offence committed by a public servant which is punishable under the Prevention of Corruption Act, 1988.
Reference was made to section 12 under Chapter IV of the Act relating to appointment of Director of prosecution wing, whereby the Lokayukta by notification will constitute a prosecution wing headed by the Director of prosecution for the purpose of prosecution of public servants.
It was contended that in the order, instead of constituting the inquiry wing and prosecution wing, direction has been issued to the Superintendent of Police, CBI, Shillong to make a detailed inquiry which is beyond the scope and power of the Lokayukta Act.