2016 (4) TMI 1229 - HC - Indian Laws

Interrogation of the petitioners for purpose of investigation - Held that - In view of the submissions made on behalf of the petitioners, the petitioners are directed to join the investigation. Assurance has already been given by learned ASGI before High Court of Himachal Pradesh that there is no proposal to arrest the petitioners, the petitioners will not be arrested as and when they appear before the investigating agency for the purpose of joining the investigation. Mr.Kapil Sibal, learned Senior Advocate submits that mobile numbers of both the petitioners shall be provided to Mr.P.S.Patwalia, learned ASG for CBI to facilitate communication between the petitioners and investigating agency. Application stands allowed to above extent.

Summary

Issues involved:
1. Conditions imposed by the Division Bench of High Court of Himachal Pradesh on CBI affecting the investigation.
2. Petition seeking recall, variation, or modification of the conditions imposed by the Division Bench.
3. Submission by CBI for free hand in interrogating petitioners.
4. Application for modification of conditions imposed by the Division Bench.
5. Disproportionate assets case requiring interrogation of petitioners.
6. Premature prayer for challan filing without express leave of the Court.
7. Petitioners' willingness to cooperate in the investigation.

Analysis:

1. The judgment addresses the issue of conditions imposed by the Division Bench of High Court of Himachal Pradesh on CBI, hindering the investigation in case RC-AC-1-2005-A0004. CBI invoked Section 482 Cr.P.C. seeking modification of the conditions to conduct a fair investigation and file a chargesheet.

2. The petition filed by the petitioners before the Division Bench sought directions to summon records related to the case, quash the RC AC-1 2015 A-0004 under relevant sections, and challenge actions taken by CBI. The Division Bench admitted the petition and formulated questions for determination.

3. CBI requested a free hand in interrogating the petitioners, stating that the conditions hindered the investigation process by not allowing the recording of statements without Court's leave. CBI emphasized the necessity of interrogation for progress in the case.

4. The application filed by CBI sought the removal of all imposed conditions to facilitate interrogation, arguing that accused individuals may not cooperate if protected by Court orders during questioning.

5. The judgment discussed the necessity of interrogating the petitioners in a disproportionate assets case. It highlighted the change in circumstances, such as recorded witness statements and recovered documents, creating suspicion about the genuineness of certain materials.

6. The premature prayer for filing a challan without the Court's leave was deemed premature as the investigation was ongoing, and CBI had not indicated readiness to file a challan. The Court emphasized the importance of completing the investigation before considering such requests.

7. The petitioners expressed their willingness to cooperate in the investigation when required. Senior Advocates representing the petitioners assured the Court of their readiness to join and assist in the ongoing investigation.

Overall, the judgment focused on balancing the need for a fair investigation with the rights of the petitioners, allowing CBI to interrogate them while ensuring cooperation and compliance with legal procedures.