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TMI Blog2010 (3) TMI 1264X X X X Extracts X X X X X X X X Extracts X X X X ..... be automatically equated with a violation of the guarantee of `equal protection before the law . Furthermore, we must emphasise the fact that the alleged acts can easily come within the ambit of statutory offences such as those of `possession of assets disproportionate to known sources of income as well as `criminal misconduct under the Prevention of Corruption Act, 1988. The onus of launching an investigation into such matters is clearly on the investigating agencies such as the State Police, Central Bureau of Investigation (CBI) or the Central Vigilance Commission (CVC) among others. It is not proper for this Court to give directions for initiating such an investigation under its writ jurisdiction. Hence it is our conclusion that the petitioners prayer cannot be granted. This Court cannot sit in judgment over whether investigations should be launched against politicians for alleged acts of corruption. The Supreme Court of India functions as a Constitutional Court as well as the highest appellate court in the country. If the Supreme Court gives direction for prosecution, it would cause serious prejudice to the accused, as the direction of this Court may have far reaching persuasi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that the income details of individuals who belong to and reside in Sikkim are not recorded by the Income Tax Department. Furthermore, the finances of the government of Sikkim are enhanced by the various developmental and welfare schemes of Government of India. Respondent No. 2 is the founder President of the Sikkim Democratic Front and he has been serving as the Chief Minister of the State of Sikkim since 12th December, 1994. Under his leadership, the Sikkim Democratic Front has been successful in the periodic elections held to constitute the State Legislative Assembly. 3. However, the petitioners have levelled some serious allegations of wrongdoing on part of the second respondent. In Annexure P-1 of the writ petition submitted before this Court, a list of his family members has been provided. This list refers to 21 members which includes 2 wives, 4 sons, 1 daughter, 4 brothers, 6 sisters-in-law, 1 father-in- law, and 3 brothers-in- law. It has been pointed out that in order to contest the elections to the State Legislative Assembly from the 13- Damthang Constituency in the year 2004, he had declared his family's assets taken together to be ₹ 4,76,54,238/-. This decla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alf of the respondents, followed by Sh. K.K. Venugopal. Sr. Adv. Thereafter, Sh. Vinod Bobde, Sr. Adv. made his submissions in rejoinder. 6. Before addressing the substance of the petitioners' submissions, it must be mentioned that there are four petitioners in this case who are serving as office-bearers of a political party in Sikkim. Petitioner No. 3 has affirmed through an affidavit dated 31st August, 2007, that they were advised to file a writ petition before this Court by former Chief Minister of the State of Sikkim and currently serving as President of a political party. In fact, Petitioner No. 3 has sworn on affidavit that he had joined these proceedings as a petitioner at the instance of him. He has also cast aspersions on the motives of Sh. Kunga Nima Lepcha (Petitioner No. 1) for filing the present writ petition. In view of this position, Petitioner No. 3 had sought permission to withdraw from the proceedings. 7. The fact that this petition was instituted at the initiative of four individuals belonging to a political party raises the apprehension that they were motivated by a sense of political rivalry rather than a public-spirited concern about the misuse of office ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the public exchequer cannot be automatically equated with a violation of the guarantee of `equal protection before the law'. 10. Furthermore, we must emphasise the fact that the alleged acts can easily come within the ambit of statutory offences such as those of `possession of assets disproportionate to known sources of income' as well as `criminal misconduct' under the Prevention of Corruption Act, 1988. The onus of launching an investigation into such matters is clearly on the investigating agencies such as the State Police, Central Bureau of Investigation (CBI) or the Central Vigilance Commission (CVC) among others. It is not proper for this Court to give directions for initiating such an investigation under its writ jurisdiction. While it is true that in the past, the Supreme Court of India as well as the various High Courts have indeed granted remedies relating to investigations in criminal cases, we must make a careful note of the petitioners' prayer in the present case. In the past, writ jurisdiction has been used to monitor the progress of ongoing investigations or to transfer ongoing investigations from one investigating agency to another. Such direction ..... X X X X Extracts X X X X X X X X Extracts X X X X
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