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TMI Blog2010 (5) TMI 909X X X X Extracts X X X X X X X X Extracts X X X X ..... hich have been accentuated by Mr. Jayant Bhushan, learned counsel for the Petitioner to galvanize and build the edifice that issue involved is of immense public importance. Despite the assertions made and the pyramids as regards the allegations structured, the basic prayer, as we perceive, pertains to monitoring the investigation which is being carried on by the Central Bureau of Investigation as the Petitioner has reason to assert that there is a dent, concavity and unfairness in the investigation. On a query being made whether the Central Bureau of Investigation is presently investigating into the matter, Mr. Chadhiok, the learned Additional Solicitor General submitted that the CBI is investigating into the matter and there is no fatho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The fact that this petition was instituted at the initiative of four individuals belonging to a political party raises the apprehension that they were motivated by a sense of political rivalry rather than a public-spirited concern about the misuse of office by the incumbent Chief Minister. We must of course emphasise that the writ jurisdiction exercised by this Court cannot be turned into an instrument of such partisan considerations. However, even if we were to accept the locus standi of the petitioners keeping in mind that allegations of corruption on part of the incumbent Chief Minister do touch on public interest, this Court is not the appropriate forum for seeking the initiation of investigation. 8. It is of course true that this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acts of corruption on part of Shri Pawan Chamling amount to an infringement of Article 14 of the Constitution of India. We do not find any merit in this assertion because the guarantee of equal protection before the law' or equality before the law' is violated if there is an unreasonable discrimination between two or more individuals or between two or more classes of persons. Clearly the alleged acts of misappropriation from the public exchequer cannot be automatically equated with a violation of the guarantee of equal protection before the law'. 10. Furthermore, we must emphasise the fact that the alleged acts can easily come within the ambit of statutory offences such as those of possession of assets disproportionate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for a writ court to order the initiation of an investigation. That function clearly lies in the domain of the executive and it is upto the investigating agencies themselves to decide whether the material produced before them provides a sufficient basis to launch an investigation. It must also be borne in mind that there are provisions in the Code of Criminal Procedure which empower the courts of first instance to exercise a certain degree of control over ongoing investigations. The scope for intervention by the trial court is hence controlled by statutory provisions and it is not advisable for writ courts to interfere with criminal investigations in the absence of specific standards for the same. Having regard to the aforesaid pronoun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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