‘Case can’t be closed on basis of CBI opinion alone’

Bench also recorded the submission of the CBI.

Underscoring the need of an absolute impartial and thorough probe into the Coal blocks allocation case, the Supreme Court Monday said a case cannot be allowed to be closed only on the basis of CBI’s opinion.

The court said wherever the CBI decided not to register a Regular Case (FIR) after conducting preliminary inquiry, the agency’s views must be vetted by an independent authority, who could review the decision.

“What is important for the court is that the view of the CBI in not proceeding with a matter must be examined by an independent authority, like the Central Vigilance Commission or the Lokpal, once it is formed,” said a Bench led by Justice R M Lodha.’

Story continues below this ad

The Bench said such a mechanism was imperative to ensure that the probe was “fair, impartial, comprehensive and is taken to the logical conclusion”. It pointed out that a mere opinion by the CBI that case required to be closed since no cognisable offence was disclosed during the preliminary enquiry was “not enough” and a review mechanism had to be in place.

Observing that the CVC was given the power of superintendence and monitoring of the CBI, it sought a response from the CVC by March 10 as to whether it was authorised under the pertinent law to overrule the opinion of the CBI and direct registration of a case.

Meanwhile, the Bench also recorded the submission of the CBI that “substantial progress” had been made by it in the scam probe.

Stay updated with the latest - Click here to follow us on Instagram