NEW DELHI: The Supreme Court directed the Central Bureau of Investigation (CBI) to ensure that “every accusation against each and every person irrespective of the position and status should be probed on a reasonable basis expeditiously.” Without referring to the names mentioned in reports appearing in a section of the Press about the inaction of the CBI following the statement made by Mr. S.K, Jain accusing the Prime Minister and others of receiving money, the Supreme Court ordered that no case against anyone be closed without its clearance. In their four page order, the three judge bench said:

“In this proceeding we are not concerned with the merits of the accusations or the individuals alleged to be involved, but only with {he performance of the legal duty by the government agencies 10 fairly. Properly and fully investigate every such accusation against very person, and to take the logical final position in accordance with the law.”

“The bench is headed by Mr, Justice J.S. Verma and includes Mr. Justice SP. Bharucha and Mr, Justice S.C. Sen and has been monitoring the investigations into the Rs 65 crore Jain hawala case since 1993 in response to a public interest litigation filed by Mr. Vineet Narain and others.

Later in the day, when the camera hearing began, the CBI informed the judges that it was not able to make much progress due to heavy pressure of work, particularly in submitting documents against whom charge sheets have already been filed.

‘The bench expressed its dissatisfaction over the progress made by the CBI since it last heard the case on January 16, it said: “It is needless to. Say that the results achieved so far do not match the available time and op opportunity for a full investigation overnice the matter came to light.”

‘The bench stated, “We do not want to take any names which are appearing in the media, The best we can do now is to only emphasize this point,” the judges said and added that “the CBl was talking about things outside the count which has to be talked inside.

The court made it clear that in the case of persons against whom a prime facie case is made out and a charge~ sheet filed in the competent court, is that court which will then deal with that case on merits in accordance with law. “However, if in respect of any such person the final refortified full investigation is that no prima facie case is made out to proceed further, and the case against him must be closed, that report must be promptly submitted to this court for its satisfaction that the concerned authorities have not failed to perform their legal obligations and have reasonably come to such a conclusion.” the bench observed.

In an apparent response to reports appearing in a section of the Press that Jains were trying to arrive at a settlement by filing appeals in the Settlement Commission, the bench said: “We also direct that no settlement should be arrived at nor any offence compounded by any authority without prior leave of this court.”

The judges fixed February 22 for the next hearing in the case.

The court noted that the facts and circumstances of the case did indicate that it was of utmost importance that this matter was examined thoroughly by it to ensure that all government agencies, entrusted with the duty to discharge their functions and obligations in accordance with law, did so bearing in mind constantly the concept of equality enshrined in the constitution.

Article extracted from this publication >>  February 7, 1996