Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act Investigation: Preliminary enquiry report of Superintendent of Police 13(1)(c) and 13(1)(d) – Penal Code – ss. 109 120 1988 – ss. 13(2) 409 and 420 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Investigation: Preliminary enquiry report of Superintendent of Police – Non-disclosure of – On facts, in a corruption case against the appellant-Cabinet Minister, the High Court ordered a preliminary enquiry by a Superintendent of Police, Directorate of Vigilance and Anti-Corruption and who in turn submitted a final report – High Court obtained the report, however, without furnishing a copy thereof to the appellant, unceremoniously closed the writ petition – Held: When the State has not pleaded any specific privilege which bars disclosure of material utilized in the earlier preliminary investigation, there is no good reason for the High Court to have permitted the report to have remained shrouded in a sealed cover – It was the High Court which had ordered that a preliminary enquiry be conducted and a report be submitted by the special investigating officer – However, once the enquiry was completed, the High Court failed to even peruse the said report – Rather, the High Court left the decision completely in the hands of the State Government – Such an approach, cannot be countenanced in law– When the State Government changed its stand that now they intended to conduct further investigation in the matter, the High Court neither provided the appellant an opportunity to defend himself, nor sought a reasoned justification from the State for having turned turtle – Principles of natural justice demanded that the appellant be afforded an opportunity to defend his case based on the material that had exonerated him initially, which was originally accepted by the State – Thus, the High Court directed to supply a copy of the report submitted by the Superintendent of Police along with the other documents to the appellant and the Writ Petition are restored on the file of the High Court – Prevention of Corruption Act, 1988 – ss. 13(2) ,13(1)(c) and 13(1)(d) – Penal Code – ss. 109, 120, 409 and 420 – |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2022 INSC 623 |
Petitioner | S.p. Velumani |
Respondent | Arappor Iyakkam And Ors. |
SCR | [2022] 7 S.C.R. 1067 |
Judgement Date | 2022-05-20 |
Case Number | 867 |
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