NDLI: Common Cause ( A Registered Sociery ) and Others Vs. Union of India and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	In~estigqtion - Investigation by special investigation team
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Application Dismissed
Headnote	Investigation - Investigation by special investigation team (SIT) -Raids conducted in the Birla and Sahara Group of Companies - Seizure of incriminating materials - IA s filed seeking constitution of SIT and direct investigation against the various functionaries! officers stated therein and other entries on loose sheets - Held: Loose sheets of papers are wholly irrelevant as evidence being not admissible uls. 34 so as to constitute evidence with respect to the transactions mentioned therein being of no evidentiary value - Court has to_ be on guard while ordering investigation against any important constitutional functionary, officers or any person in the absence of some cogent legally cognizable materia{ - When the material on the basis of which investigation is sought is itself irrelevant to constitute evidence and not admissible in· evidence, there_ is apprehension whether it would ·be safe to even initiate investigation: There has to be some relevant and admissible evidence and some cogent reason, which is prima facie reliable and supported by some other circumstances pointing out towards the allegations leveled - In absence thereof, the process of law could be abused against all and sundry very easily to achieve ulterior goals and then no democracy could survive in case investigations are lightly · set in motion against important constitutional functionaries - On ·facts, the materials placed on record either in the case of Birla or in the case of Sahara not maintained in regular course of business and thus, lack in required reliability to be made the foundation of a police investigation - In case of Sahara, Income- Tax Settlement -Commission recorded a finding that transactions noted in the documents were not genuine and thus, did not attach any evidentiary value to the entries on loose papers, pen drive, hard disk, computer loose papers, computer printouts - Materials-in question not good enough to constitute offences to direct the registration of F.I.R. and investigation therein - Materials should qualify the test as per the Bhajan Lal's case - Thus, materials not only irrelevant but also legally inadmissible u!s.34, more so with respect to third parties and considering the explanation made· by Birla and Sahara Group, it would not be legally justified, safe, just and proper to direct investigation - IA 's dismissed -. Evidence Act, 1872 - s. 34.
Judge	N/A
Neutral Citation	2017 INSC 69
Petitioner	Common Cause ( A Registered Sociery ) And Others
Respondent	Union Of India And Others
SCR	[2017] 1 S.C.R. 1015
Judgement Date	2017-01-11
Case Number	505

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