The State Of Karnataka Home Department Secretary vs. Prathik Parasrampuria

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (Crl.) No.3549/2016

(Arising out of impugned final judgment and order dated 12-02-2015 in CP No. 100889/2014 passed by the High Court of Karnataka Circuit Bench at Dharwad)

THE STATE OF KARNATAKA & ANR.

Petitioner(s)

$Respondent(s)$

VERSUS

PRATHIK PARASRAMPURIA

Date: 02-05-2019 This petition was called on for hearing today.

$CORAM:$

HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR

For Petitioner(s)

For State of	Mr. Devadatt Kamat, Addl.AG
<b>Karnataka</b>	Mr. Joseph Aristotle S., AOR
	Mrs. Priya Aristotle, Adv.
	Mr. Rajesh Inamdar, Adv.
	Mr. Javedur Rehman, Adv.
	Mr. Aditya Bhat, Adv.
	Mr. Shiva P., Adv.
For Respondent(s)
	Mr. V. Shyamohan, AOR

• State of Sikkim Ms. Aruna Mathur, AOR Mr. Avneesh Arputham, Adv. Ms. Anuradha Arputham, Adv. Ms. Geetanjali, Adv.
• Union of India Mr. R. Balasubramanian, Sr. Adv. Mr. Bharat Singh, Adv. Mr. Praneet Pranav, Adv. Mr. B.V. Balram Das, AOR Mr. Sumit Teterwal, Adv. ure Not Verified te of U.P. Ms. Swarupama Chaturvedi, AOR Mr. Nagendra Singh, Adv.

For M/s.Arputham Aruna & Co.

For Respondent No.1 Mr. Kuriakose Varghese, Adv. Mr. V. Shyamohan, AOR Ms. Piyusha Singh, Adv.

	Ms. Parnita Agal, Adv.<br>Mr. Sudeep Arvind Panikker, Adv.
For UT of A&NA	Mr. K.V. Jagdishvaran, Adv.<br>Mrs. G. Indira, AOR
For State of Tamil<br>Nadu	Mr. M. Yogesh Kanna, AOR<br>Mr. S. Partha Sarathi, Adv.<br>Mr. S. Raja Rajeshwaran, Adv.
For Govt.of<br>Puducherry	Mr. V.G. Pragasam, Adv.<br>Mr. S. Prabu Ramasubramanian, Adv.<br>Mr. S. Manuraj, Adv.
For State of<br>Nagaland	Mrs. K. Enatoli Sema, AOR<br>Mr. Amit Kumar Singh, Adv.
For State of<br>Tripura	Mr. Shuvodeep Roy, Adv.<br>Mr. Rijuk Sarkar, Adv.<br>Ms. Manreet Kaur, Adv.
For Election<br>Commission of<br>India	Mr. Amit Sharma, Adv.<br>Mr. Dipesh Sinha, Adv.<br>Mr. Prateek Kumar, Adv.<br>Mr. Neelesh Singh, Adv.<br>Ms. Pallavi Barua, Adv.

UPON hearing the counsel the Court made the following O R D E R

This Court, on 542019, passed the following order:

"Heard the learned counsel appearing for the parties.

Learned counsel appearing for the Election Commission of India submits that he does not have the statistics about the cases of prosecution, particularly the information as regards to raids conducted and seizure of money by them during the last parliamentary elections.

Mr. R. Balasubramanian, learned senior counsel appearing for the Union of India submits that he will get necessary information from the Finance Department.

It is stated by the learned counsel appearing for the Election Commission and also other learned counsel that the criminal cases initiated during the course of elections are pursued by the respective State Governments. We, therefore, feel it appropriate to issue notice to all the State Governments including Union Territories with a

view to ascertain the views and information from respective State Governments/Union Territories.

Accordingly, we issue notice to all the State Governments and Union Territories to file their affidavits and appear through respective counsel on Thursday, the 25th April, 2019.

List on 25th April, 2019."

Even though sufficient time was granted to the Union of India (Central Board of Direct Taxes) to provide requisite information in the matter, the said Department has been unable to provide the information so far.

Today, Mr. R. Balasubramanian, learned Senior counsel appearing for the Union of India sought one more adjournment and also assured us that a responsible Officer from the Central Board of Direct Taxes will appear in the Court on the next date of hearing with relevant records to assist us.

As per Office Report dated 3042019, State of Karnataka, State of Uttar Pradesh and Union Territory of Andaman and Nicobar Islands have filed their respective counter affidavits in the matter. They are directed to serve a copy of their counter affidavits to the counsel appearing for the Election Commission of India, if not done already.

Service of notice is not complete on the State of Jammu & Kashmir and State of Jharkhand.

In view of the above, let fresh notice be issued to both the States immediately.

Today, learned counsel appearing for the State of Tamil Nadu, State of Nagaland, State of Assam and Union Territory of Puducherry sought one week's time to file their counter affidavits.

They are permitted to file their respective counter affidavits by Tuesday, the 7th May, 2019, after giving an advance copy to the learned counsel appearing for the Election Commission of India.

All the remaining States/Union Territories, who have not so far filed their counter affidavits, shall positively file the same

by Tuesday, the 7th May, 2019, after giving an advance copy to the learned counsel appearing for the Election Commission of India.

List the matter on Tuesday, the 7th May, 2019.

(VISHAL ANAND) (RAJ RANI NEGI)

COURT MASTER (SH) ASSISTANT REGISTRAR