BREAKING NEWS

Advertisement

Legal

Updated on: Friday, October 08, 2021, 11:18 PM IST

FPJ Legal: Preliminary enquiry not must in every graft case against public servant, SC upholds

Supreme Court |

Supreme Court |

Advertisement

The Supreme Court on Friday held that a preliminary enquiry (PE) is not mandatory in every corruption case against a public servant, for the Central Bureau of Investigation (CBI) to register a first information report (FIR) in such cases, reports Bar and Bench.

A Bench of Justices DY Chandrachud, Vikram Nath and B V Nagarathna held that the need for a PE will depend on the facts and circumstances of each case and an FIR will not be vitiated simply because a PE was not conducted.

The judgment was delivered in an appeal against an order of the Telangana High Court which had quashed an FIR on the ground that it was based on information from “known sources of income” that were not subject to PE by the Central Bureau of Investigation (CBI) before registration.

The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence. As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case," the court said.

Additionally, the court considered the provisions enumerated in the CBI Manual which also made it clear that a PE was not mandatory in all cases that involved allegations of corruption.

(To receive our E-paper on whatsapp daily, please click here. We permit sharing of the paper's PDF on WhatsApp and other social media platforms.)

Advertisement
Published on: Friday, October 08, 2021, 11:18 PM IST
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement