Thursday, Jun 27, 2002
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No power for CVC to monitor probe: CBI By Our Legal Correspondent
In its SLP, the CBI said the High Court had erred in holding that the directions in the case of Vineet Narain case required that the CVC should review the results of investigation before the same were placed before the court as there was no such direction in the judgment. The CBI submitted that the High Court failed to note that the directions were merely that the CBI would report to the CVC and no power was conferred upon the CVC to monitor investigation. Once investigation had begun, it was incumbent upon the investigating agency to file a report in the court and no person or authority had the right to interfere in the working of the agency. Without any allegation, much less material, the High Court had erred in holding that it could not be unmindful of the fact that the CBI had been under a cloud. The procedure was meant to further the ends of justice and not to frustrate the same. While quashing the chargesheet, the High Court had made it clear that the bail granted to the Hinduja brothers— Srichand, Gopichand and Prakashchand— and the condition imposed by the Supreme Court that at least one of them should remain in India at any point of time would remain intact. The Judge had said that "it was for the CVC to ensure that a half-baked incomplete chargesheet was not filed shielding the high and the mighty nor was a frivolous chargesheet filed to achieve any oblique motive of the high and the mighty.'' The CBI sought a direction to set aside the impugned judgment dated June 10 and a stay of its operation.
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