Constitutional Law - II
Case Comment on:
P.L. Dani and Anr.
Navaneeth Krishnan . A. L Roll No. 614 V Semester
AIR 1978 SC 1025 1978 SCR (3) 608 1978 SCC (2) 424
V.D Thulzapurkar and
V.R Krishna Iyer, JJ.
Nandini Satpathy – former Chief Minister of Orissa – against whom a case had been registered under the Prevention of Corruption Act and under Sections 161/165, 120B and 109 I.P.C., was asked to appear before the Deputy Superintendent of Police [Vigilance] for questioning. The gravamen of the accusation was one of acquisition of assets disproportionate to the known, licit sources of income and probable resources over the years of the accused, who occupied a public position and exercised public power for a long spell during which the appellant by receipt of illegal gratification aggrandized herself. The police wanted to interrogate her by giving her a string of questions in writing. She refused to answer the questionnaire, on the grounds that it was a violation of her fundamental right against self-incrimination. The police insisted that she must answer their questions and booked her under Section 179 of the Indian Penal Code, 1860, which prescribes punishment for refusing to answer any question asked by a public servant authorized to ask that question. She exercised her right under Article 20(3) of the Constitution and refused to answer the questions. The Deputy Superintendent of Police, Vigilance, Cuttack, filed a complaint against...
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