Featured image for Supreme Court Judgment dated 23-01-2017 in case of petitioner name Common Cause & Ors. vs Union of India & Ors.
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Supreme Court Orders CBI Probe into Former Director’s Alleged Abuse of Power

The Supreme Court of India has directed the Central Bureau of Investigation (CBI) to investigate allegations of abuse of power by its former Director, Ranjit Sinha, concerning interference in coal block allocation cases. This decision comes in response to a petition filed by Common Cause & Ors., seeking accountability in the handling of high-profile corruption cases.

Background of the Case

The controversy revolves around Ranjit Sinha, the former Director of the CBI, allegedly meeting with individuals accused in coal block allocation cases without the presence of investigating officers. The petitioners argued that these meetings compromised the integrity of the investigations, potentially leading to interference in inquiries, charge sheets, and closure reports.

Findings of the M.L. Sharma Committee

In its order dated May 14, 2015, the Supreme Court found it inappropriate for Sinha to have met the accused without oversight. To investigate the impact of these meetings, the Court appointed a committee led by M.L. Sharma, a former Special Director of the CBI. The committee submitted its report on March 4, 2016.

The Court, upon reviewing the findings, stated:

“We would not like to make any comment on the contents of the report but on a careful perusal thereof, we do think it necessary to accept the second prayer made in the I.A., which is to direct an SIT appointed by this Court to investigate the abuse of authority committed by the CBI Director in order to scuttle enquiries, investigations, and prosecutions being carried out by the CBI in coal block allocation cases and other important cases.”

Supreme Court’s Decision

Rather than appointing an external Special Investigation Team (SIT), the Supreme Court decided to entrust the investigation to the CBI itself, citing a change of leadership within the agency. The Court ruled:

“Since there has been a change of guard in the CBI, we would continue to repose our faith in the impartiality of the CBI to look into the report prepared by Mr. M.L. Sharma and other relevant documents and conduct an investigation into the abuse of authority prima facie committed by Shri Ranjit Sinha.”

The CBI Director was instructed to lead the investigation, with assistance from two nominated officers and guidance from the Chief Vigilance Commissioner. Additionally, the Court requested R.S. Cheema, the Special Public Prosecutor in the coal block allocation cases, to provide legal assistance.

Importance of the Investigation

The Court emphasized the public significance of the matter:

“We need hardly emphasise that the matter is of considerable public importance and should be taken up with due earnestness by the Director, CBI.”

The CBI was directed to present the composition of its investigative team and provide an estimated timeline for completing the probe.

Conclusion

This ruling marks a significant step in ensuring accountability within India’s premier investigative agency. The Court’s decision to investigate its former chief underscores the judiciary’s commitment to upholding transparency and integrity in law enforcement.

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