The Kerala High Court recently comprising of a bench of Justice R Narayana Pisharadi dismissed a plea filed by former police officer S. Vijayan accusing Nambi Narayanan of influencing the CBI investigation against him by entering into land deals worth crores with the then investigating officials of the agency. (S. Vijayan v. Central Bureau of Investigation)
The bench dismissed the criminal revision petition leaving liberty to the petitioner to file a fresh complaint with the appropriate documents, "The allegations in the complaint, prima facie, do not attract the ingredients of the offences under Sections 7 to 9 of the Prevention of Corruption Act, 1988 (before its amendment in the year 2018)."
The Court remarked, "An unnecessary investigation or even a preliminary enquiry into an offence under the P.C Act against a public servant may cause a blemish on his career and reputation. Once such a blemish is caused, it would be very difficult to erase it. What matters is not just that the complainant alleges the commission of an offence. The complaint must disclose commission of an offence by some person. Investigation cannot be ordered on the basis of a complaint that is not supported by genuine materials. The Court must be satisfied that an offence is 'disclosed' by the materials produced by the complainant."
Facts of the Case
Vijayan, along with 17 other former Kerala police and IB officials, is facing a CBI probe for allegedly implicating Narayanan and some others in the 1994 ISRO espionage case. He and three others were recently granted anticipatory bail by the Court in the CBI's conspiracy case against them.
Contention of the Parties
Vijayan had argued before the high court that he had placed before the trial court encumbrance certificates of several acres of land in the Tirunelveli district of Tamil Nadu which show Narayanan or his son as power of attorney holders.
These lands were sold to the CBI officials, Vijayan had alleged and contended that this material was sufficient for the trial court to order an investigation under the Prevention of Corruption Act against the scientist and the agency officials.
Courts Observation & Judgment
The bench observed that encumbrance certificates did not prove the sale of land and asked the petitioner to produce the actual sale deeds. It added that the sanction to prosecute would also be required for the trial court to order an investigation.
The bench taking note of the Petitioners submissions that the petitioner is ready to produce before the Special Court documents showing the details of property transactions which would clearly indicate involvement of the accused in the commission of the offences under the PC Act Observed, “At this juncture, it is to be noted that the complaint was only rejected and not dismissed by the Special Court. Rejection of a complaint does not preclude the complainant from filing a fresh complaint with adequate materials.”
The bench dismissing the petition remarked, “It is made clear that this Court has not considered or decided the question whether the Special Court has got power under Section 156(3) of the Code to forward a complaint for investigation by the CBI.
The revision petition is accordingly dismissed. However, it is made clear that the dismissal of this revision petition will not preclude the petitioner/complainant from preferring a fresh complaint with adequate materials to substantiate his case. If such a complaint is filed, the Special Judge will have to judicially and judiciously apply his mind and do the needful in accordance with law.”
Read Judgment;
SOURCE ;https://www.latestlaws.com
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