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

FPJ News ServiceUpdated: Friday, October 08, 2021, 11:18 PM IST
article-image
Supreme Court |

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. To receive it on Telegram, please click here. We permit sharing of the paper's PDF on WhatsApp and other social media platforms.)

RECENT STORIES

Is India heading towards new executive-judiciary tussle? Read about the issue as govt returns 20...

Is India heading towards new executive-judiciary tussle? Read about the issue as govt returns 20...

Mumbai: Two advocates elevated as judges to Bombay HC

Mumbai: Two advocates elevated as judges to Bombay HC

Mumbai: Supreme Court refuses to stay Maharashtra Govt's decision to allow Metro Car Shed at Aarey

Mumbai: Supreme Court refuses to stay Maharashtra Govt's decision to allow Metro Car Shed at Aarey

Tablighi Jamaat case: Delhi High Court directs police to handover Nizamuddin Markaz keys to Maulana...

Tablighi Jamaat case: Delhi High Court directs police to handover Nizamuddin Markaz keys to Maulana...

Forced religious conversions not allowed: Centre tells Supreme Court

Forced religious conversions not allowed: Centre tells Supreme Court