Document Fragment View

Matching Fragments

O.P.(Crl.).376 of 2015

32. In M.C. Mehta v. Union of India and others (2007 (1) SCC 110), it was held in paragraph 22 as follows:

" In Union of India v. Sushil Kumar Modi investigation was entrusted to CBI in the Fodder Scam case by the High Court to ensure proper and honest performance of duty by CBI. This Court directed CBI officers to inform the Chief Justice of the Patna High Court about the progress of the investigation and to obtain his directions if so required for conducting the investigation. The Joint Director of CBI submitted his report on the investigation carried out by him to the Chief Justice of the High Court. The High Court found that the Director was trying to interfere with the investigation and, therefore, the High Court directed that all reports of the CBI officers shall be submitted directly to the Court without being forwarded to the Director, CBI. This order of the High Court was challenged. It was held that the Director, CBI was responsible and accountable for the proper investigation of the case and, therefore, he cannot be excluded from the investigation. O.P.(Crl.).376 of 2015 It was, however, observed that the Director, CBI was duty bound to make a fair, honest and complete investigation and officers associated with the investigation have to function as members of a cohesive team engaged in common pursuit of such an investigation so as to uphold the majesty of the law and preserve the rule of law. It was held that, in case of any difference of opinion between officers of CBI in respect of the investigation, final decision would not be taken by the Director himself or by the Director merely on the opinion of the Legal Department of CBI, but the matter would be decided according to the opinion of the Attorney General for India for the purpose of investigation and filing of the charge-sheet against any such individual. In that event, the opinion would be sought from the Attorney General after making available to him the opinions expressed on the subject by the persons associated with the investigation as a part of the materials. We quote hereinbelow paras 13 and 14 of the said judgment: (SCC pp.505-06) O.P.(Crl.).376 of 2015 "13.We make it clear that in case of any difference of opinion between the officers of the CBI in relation to the implication of any individual in the crimes or any other matter relating to the investigation, the final decision in the matter would not be taken by the Director, CBI, himself or by him merely on the opinion of the Legal Department of the CBI; and in such a situation, the matter would be determined according to the opinion of the Attorney General for India for the purpose of the investigation and filing of the charge-sheet against any such individual. In that event, the opinion would be sought from the Attorney General after making available to him all the opinions expressed on the subject by the persons associated with the investigation as a part of the materials.