1997 (12) TMI 615 - SC - Indian Laws

When prima facie case exists and charges filed, matter decided on merits; no-report investigators must promptly file final investigation reports

VINEET NARAIN & ORS. Versus Union Of India

SC held that when a prima facie case exists and a charge sheet is filed, the competent court will decide the matter on merits; where a final investigation ... Allegations against CBI and the revenue authorities - failed to perform their duties and legal obligations inasmuch as they have failed to properly investigate matters arising out of the seizure - HELD THAT:- In case of persons against whom a prima facie case is made out and a charge sheet is filed in the competent court, it is that court which will then deal with that case on merits, in accordance with law. However. if in respect of any such person the final report after full investigation is that no prima facie case is made out to proceed further, so that the case must be closed against him, that report must be promptly submitted to this Court for its satisfaction that the concerned authorities have not failed to perform their legal obligations and have reasonably come to such conclusion. No such report having been submitted by the CBI or any other agency till now in this Court, action on such a report by this Court would be considered, if any when that occasion arises. We also direct that no settlement should be arrived at nor any offence compounded by any authority without prior leave of this Court. We may add that on account of the great public interest involved in this matter, the CBI and other Government agencies must expedite their action to complete the task and prevent pendency of this matter beyond the period necessary. It is needless to observe that the results achieved so far do not match the available time and opportunity for a full investigation ever since the matter came to light. It is of utmost national significance that no further time is lost in completion of the task. Issues involved: Allegations of failure by government agencies to investigate matters arising from the seizure of 'Jain Diaries,' financial support through illegal means, nexus between politicians and criminals, failure to prosecute offenders, and the need for thorough examination by the Court to ensure legal obligations are met.Allegations and Background: The writ petition alleges that government agencies like the CBI and revenue authorities have not properly investigated matters related to the 'Jain Diaries' seizure, revealing financial support through illegal means and a nexus between politicians, bureaucrats, and criminals. It is claimed that influential individuals are being protected, posing a threat to the nation's integrity, security, and economy. The petition emphasizes the importance of probity in public life and the need for agencies to fulfill their legal obligations without bias.Court's Direction: The Court emphasizes the importance of investigating every accusation against individuals, regardless of their status, to maintain public confidence in government agencies. The focus is on ensuring that legal duties are performed fairly and thoroughly, with any prima facie cases being dealt with by the competent court. The Court stresses the need for prompt submission of reports if no further action is warranted against an individual, and prohibits settlements or compounding of offenses without its permission.Public Interest and Expedited Action: Due to the significant public interest in the case, the Court directs the CBI and other agencies to expedite their actions and complete the investigation promptly. The Court notes that the progress made so far does not align with the time available for a thorough investigation since the matter came to light, emphasizing the national importance of not delaying the completion of the task.