Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Investigation - Fair investigation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Investigation - Fair investigation - Coal-Block allocationcase - Interlocutory application, seeking direction to theDirector CBI (Ranjit Sinha) not to interfere with investigationsin coal-block a/location case and direction to appoint SIT toinvestigate the abuse of authority committed by the CBIDirector in order to scuttle inquiries, investigations andprosecutions carried out by CBI, in coal block allocationcases and other important cases - Held: On account ofsuperannuation of the Director, the plea of his refusal fromthe investigation has become infructuous - Investigationsmust not only be fair, but must appear to have been conductedin a fair manner- The responsibility of investigating agency.to ensure that innocent person is not subjected to criminaltrial, is coupled with equally high degree of ethical rectitudeto ensure that investigations are fair and without bias - Thefact of the CBI Director meeting some of the accused personswithout the Investigating Officer or the investigating teamcreates a doubt regarding fairness of the investigations -Therefore, some further inquiry is necessary to ensure thefairness of investigations in coalblock allocation cases as towhether any one or more such meetings had any impact on the investigations and subsequent charge-sheets or closurereports - Assistance of Central Vigilance Commissionsought for determining the methodology for conducting suchinquiry- Investigation. Sidhartha Vashisht@ Manu Sharma v. State (2010) 6SCC 1; ManoharLal Sharma (2014) 2 SCC 532-relied on.ยท FIR- Registration of- Interlocutory application seekingrecusal of the CBI Director (Ranjit Sinha) from theinvestigation in coalblock allocation case and also seekingappointment of SIT to investigate the abuse of authority byhim - Application by the CBI Director seeking direction toregister FIR against the Advocate (Prashant Bhushan) andthe petitioner/applicant for making deliberate and intentional false statements in the present proceedings - Took the pleathat they were guilty of perjury and contempt of court and thatthe advocate was also guilty of violating the provisions ofOfficial Secrets Act- HELD: If the whistle blower gets accessto the documents, secrecy of which ought to have beenmaintained by the CBI and if the disclosure of suchdocuments is in public interest and not malafide, he cannotbe held liable for contempt of court or perjury- The file notesregarding the case of an accused in coalblock allocation casewhich was placed on record, cannot be described as anofficial secret' - Therefore, the application of the CBI Directordismissed- Contempt of Court- Official Secrets Act, 1923- Penal Code, 1860 - Perjury. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2015 INSC 419 |
Petitioner | Common Cause & Ors. |
Respondent | Union Of India And Ors. |
SCR | [2015] 6 S.C.R. 731 |
Judgement Date | 2015-05-14 |
Case Number | 463 |
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