Interim protection in CBI-related challenge: investigation continues, but arrest, statements, and challan filing are restrained.

Territorial jurisdiction, maintainability, legality of the FIR, the effect of an earlier preliminary inquiry, State consent under the Delhi Special Police Establishment Act, alleged breach of CBI Manual guidelines, and apprehended arrest were treated as warranting interim scrutiny. The Court found a prima facie case for interim consideration and held that the balance of convenience and risk of irreparable injury favoured protection. Investigation was permitted to continue, but the respondents were restrained from recording the petitioners' statements without leave, from effecting arrest at that stage, and from filing the challan without express leave.

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Issues: Whether the writ petition disclosed territorial jurisdiction and whether the challenge to the FIR, the earlier preliminary inquiry, the alleged non-compliance with mandatory consent under the Delhi Special Police Establishment Act, the alleged breach of CBI Manual guidelines, and the apprehended arrest justified interim protection pending final hearing.

Analysis: The petition raised substantial objections touching territorial jurisdiction, maintainability, the legality of registration of the FIR, the effect of the closure of an earlier preliminary inquiry, the need for State consent before investigation and raid, and the scope of CBI powers under the governing statutory framework and manual guidelines. On the materials placed before the Court, a prima facie case was found for interim consideration, and the balance of convenience and likelihood of irreparable injury were treated as favouring interim protection. The Court therefore permitted the investigation to continue, but restrained recording of the petitioners' statements without leave of the Court, disallowed arrest at that stage, and prohibited filing of the challan without express leave.

Outcome: Notice issued. Interim protection granted in favour of the petitioners. Investigation permitted to continue subject to the stated restrictions.

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