Summary
The Supreme Court remitted petitions seeking CBI investigation into alleged irregularities in ex-servicemen resettlement arrangements. The High Court had not adequately analysed the distinction between the initial allegations and preliminary-enquiry conclusions, or the competing submissions about the CBI’s earlier statement that investigation was underway. Its direction to convert the enquiries into FIRs was set aside for fresh adjudication, with all questions open.
Issues
- Whether the High Court adequately examined the rival grounds for requiring the CBI to register FIRs and investigate after preliminary enquiries.
Held
- The High Court relied on allegations substantially reproducing the initial preliminary-enquiry material without properly analysing the CBI’s position that its subsequent enquiries did not establish public-servant involvement, public loss or national or international ramifications requiring its investigation. (¶¶ 5, 6)
- The High Court also failed to resolve the respondents’ argument that the CBI’s earlier recorded statement and material indicating offences prevented it from declining further investigation. These competing issues required fresh consideration rather than determination for the first time in the appeals. (¶¶ 6, 7)
- The remand expressed no opinion on the merits. The restored proceedings were to be decided de novo, uninfluenced by the impugned judgment, with all questions left open. (¶¶ 7, 8, 9)
Result
Appeals allowed and High Court judgment set aside. Writ Petitions 12313/2015 and 602/2017 and CM 2775/2017 restored for fresh decision. No costs.