Governor seeks AG’s view on plea to prosecute MLA
HYDERABAD: Governor Jishnu Dev Varma has sent for legal opinion a request by the Anti Corruption Bureau (ACB) seeking permission to prosecute an MLA in the state in connection with the allegations of financial irregularities in the conduct of Formula E races in Hyderabad.
Top sources confirmed that the ACB has sought permission under Section 17A of the Prevention of Corruption Act, 2018, for registering a case and prosecuting the MLA for misusing government funds.
The sources stated that the Governor’s office sent the ACB plea for permission to the Attorney General of India for legal opinion on whether permission could be given for prosecution of the MLA based on the evidence the ACB has accumulated.
The sources stated that the ACB’s Director General wrote to the Governor requesting permission last month itself. The ACB DG, in his letter, reportedly mentioned the MLA’s name, furnished a list of allegations and attached a copy of the letter from the Municipal Administration and Urban Development (MAUD) department that it had noticed financial irregularities of Rs 55 crore in organising Formula E Races in Hyderabad under the watch of the previous government.
The sources also stated that the ACB reportedly mentioned that the money was allegedly misused and spent on other purposes.
The ACB, in its letter, alleged that the funds were transferred to a few private persons’ bank accounts which had nothing to do with the agencies who conducted the Formula E races.
The ACB said it was an instance of abuse of official position with malafide intention.
The sources confirmed that the Governor’s office had sent the letter from the ACB to the Attorney General for opinion about three days ago. This has left the MLA on the edge. It is expected that the Governor will take a decision based on the opinion of the Attorney General.
The officials expect the Governor’s decision sooner rather than later since he is mandated to act on the ACB’s request within 120 days.
Prior to 2018, the ACB used to seek permission from the Governor after registering cases against a public representative. After the Act was amended in 2018, the agency had to obtain permission from the Governor to prosecute an MLA or MP under PC Act.
As regards prosecution of the officials, the chief secretary is the competent authority to give permission to the ACB under 17A PC Act.
