1996 (10) TMI 503 - SC - Indian Laws

Summary

Issues Involved:
The issues involved in the judgment include the legality of notifications authorizing the Central Bureau of Investigation (CBI) to investigate certain offences, the challenge to the notifications by the accused persons, the requirement of reasons for entrusting the investigation to the Delhi Special Police Establishment, and the validity of further investigation by the CBI.

Legality of Notifications Authorizing CBI Investigation:
The case involved a raid by the Income Tax Department where documents were seized and later burnt, leading to criminal charges. The Central Government authorized the CBI to investigate the offences, which was challenged in a writ petition. The High Court initially quashed the notifications, citing the need for reasons for entrusting the investigation to the CBI. However, the Supreme Court held that the accused cannot dictate who should investigate the offences they are charged with. The notifications were issued under relevant legal provisions without the need to record reasons on the face of the notification. The Court found no merit in the accused's attempt to stall the CBI investigation and allowed the appeal, setting aside the High Court's judgment.

Challenge to Notifications and Further Investigation by CBI:
The accused had challenged the notifications authorizing the CBI investigation, claiming the need for reasons for such authorization. The High Court had allowed the writ petition, emphasizing the requirement of disclosing reasons for entrusting the investigation to the Delhi Special Police Establishment. However, the Supreme Court ruled that there is no legal provision mandating the recording of reasons for such decisions in the notifications. The Court highlighted that if the local police investigation is unsatisfactory, further investigation by the CBI is permissible. The CBI was directed to continue the investigation with the consent of the State Government and in accordance with the law. The Court noted that under the Criminal Procedure Code, there is provision for further investigation even after a report has been submitted to the Magistrate. The Court concluded that there is no legal requirement to record reasons for further investigation in the notifications, and upheld the validity of the CBI investigation.

Separate Judgment Delivered:
The judgment was delivered by the Supreme Court, allowing the appeal and dismissing the writ petition challenging the notifications authorizing the CBI investigation. The Court emphasized the legality of the notifications and the absence of a requirement to record reasons for entrusting the investigation to the CBI.