NDLI: E. Sivakumar Vs. Union of India and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Investigation
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1973 (2 of 1974)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	Investigation: Transfer of investigation to CBI – The petitionerposted in the Ministry of Health was allegedly involved in the illegalmanufacture and sale of Gutkha and Pan Masala and named as anaccused in the FIR – The stated crime was being investigated by theState Vigilance Commission, constituted by the State of Tamil Nadu,headed by a Vigilance Commissioner – Writ of mandamus issued byHigh Court to transfer the investigation to CBI – Petitionerchallenged writ of mandamus on four counts – First, that the prayerfor transfer of investigation of the crime in question to the CBI wasalready considered and negatived by the Coordinate Bench of thesame High Court – Second, the petitioner though named as anaccused in the FIR was not given an opportunity of hearing norwas made a party in the public interest litigation in which theimpugned judgment was passed and third, the writ petition filed aspublic interest litigation was politically motivated having been filedby a member of the Legislative Assembly in the State of Tamil Nadu– Held: High Court was alive to the fact that the Coordinate Benchof the same High Court had occasion to decide writ petition – TheCoordinate Bench had noted that the investigation of the crime wasin progress and that it was not necessary to transfer the inquiry/investigation to CBI – These aspects were duly taken note of in theimpugned judgment – Thus, it is not a case of disregarding thebinding decision or precedent of the Coordinate Bench of the sameHigh Court – Secondly, the question regarding the necessity toensure a fair and impartial investigation of the crime, for instillingconfidence in the minds of the victims as well as public at large, theHigh Court predicated that it was but necessary to entrust theinvestigation of such a crime to CBI – Viewed thus, there is noinfirmity in the conclusion reached by the High Court for having entrusted the investigation to CBI – By entrusting the investigationto CBI which, was imperative in the peculiar facts of the presentcase, the fact that the petitioner was not impleaded as a party inthe writ petition or for that matter, was not heard, is of no avail –That per se cannot be the basis to label the impugned judgment asa nullity – Regarding last contention, the political opponents playan important role both inside and outside the House and are thewatchdogs of the Government in power – They are the mouthpieceto ventilate the grievances of the public at large, if genuinely andunbiasedly projected – High Court noted in the impugned judgmentthat a petition filed by such persons cannot be brushed aside onthe allegation of political vendetta, if otherwise, it is genuine andraises a reasonable apprehension of likelihood of bias in thedispensation of criminal justice system – Accordingly, the groundof challenge under consideration is devoid of merits.Investigation: Right of hearing – A person who is named asan accused in the FIR, who otherwise has no right to be heard atthe stage of investigation or to have an opportunity of hearing as amatter of course, cannot be heard to say that the direction issued totransfer the investigation to CBI is a nullity.
Judge	N/A
Neutral Citation	2018 INSC 539
Petitioner	E. Sivakumar
Respondent	Union Of India And Ors.
SCR	[2018] 6 S.C.R. 522
Judgement Date	2018-05-18
Case Number	13817

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