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In the meantime, CBI submitted its report with detailed Annexures running into hundreds of pages.

By order dated 14.3.2005 in I.A. No. 431 in Writ Petition (Civil) No. 13381/84, since the report of CBI was voluminous, this Court after going through the provisions of the Central Vigilance Commission Act, 2003 (hereinafter referred to as the "CVC Act") directed the records relating to prosecution of twelve accused be placed before the Central Vigilance Commission (hereinafter referred to as the "CVC") for scrutiny and recommendation. CVC was added as a party. Basically this Court wanted CVC to analyse the Report of CBI and give to the Court the summary of recommendations of various officers in the administrative hierarchy of CBI as the Court was informed that there was divergence of opinion between them.

It was next urged that the Director of Prosecution in the CBI has no role to play at the stage of investigation which includes formation of an opinion by the S.P. Shri Rao, learned senior counsel on behalf of the CVC submitted that pursuant to the directions of the Supreme Court dated 14.3.2005 CVC had examined the records of CBI made available to it. The CVC had also called for further information from CBI. After vetting the entire record, CVC had submitted its report to this Court on 9.5.2005. Learned counsel submitted that under Section 8(1)(a) of the CVC Act, the CVC is empowered to exercise superintendence over the functioning of CBI insofar as it relates to the investigation of offences alleged to have been committed under the P.C. Act, 1988 and, therefore, when the CBI investigates under the P.C. Act, 1988 against public servants serving in connection with affairs of a State Government, such investigation is subject to the superintendence of CVC. This submission was made on behalf of CVC because it was argued on behalf of some of the accused that CVC had no power of superintendence of cases involving public servants employed in connection with affairs of the State Government.

Learned counsel for CVC submitted that in order to fulfill the responsibility of exercising superintendence over the functioning of CBI insofar as it relates to investigations of offences under the P.C. Act, 1988, the CVC is entitled to scrutinize investigation reports of the CBI at any stage before filing of charge-sheets/ closure reports. For this purpose, CVC is empowered to issue suitable advice in cases under investigation. Such advice, according to the learned counsel, is in the nature of an opinion, and not a binding direction.

On the facts of the case, learned counsel for CVC urged that, in the present case the preliminary inquiry as well as the investigation were conducted by the CBI against the former Chief Minister, officers of the State Government and others under the direction of this Court. It was the Supreme Court which had referred the matter to CVC and, therefore, the CVC was bound to submit its report. In the circumstances, learned counsel submitted that, it cannot be said that the report of the CVC is vitiated by any illegality or irregularity since the Supreme Court has absolute power under Article 142 of the Constitution to pass any order as is necessary for doing complete justice in any cause or matter pending before it.